Agenda packet — Livermore City Council, June 9, 2025 (part 2 of 6)

EXHIBIT C

INSURANCE REQUIREMENTS
Minimum Scope and Limits of Insurance
Consultant/Contractor shall maintain limits no less than:

1. Commercial General Liability, including operations, products, and completed operations, as applicable:
$3,000,000 per occurrence/$6,000,000 aggregate for bodily injury, personal injury, and property damage. If Commercial General Liability or other form of insurance with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability:
$1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation and Employer's Liability:

Statutory limits as required by the State of California including $1,000,000 Employers’ Liability per accident, per employee for bodily injury or disease. A waiver of subrogation is required for Workers’ Compensation insurance. If Consultant/Contractor is a sole proprietor, then they must sign “Contractor Release of Liability”.

4. Cyber & Professional Liability/Errors and Omissions:
$3,000,000 per claim. Consultant/Contractor warrants that any retroactive date under this policy shall precede the effective date of this contract and, either continuous coverage will be maintained, or an extended discovery period will be exercised for a period of two years beginning at the time work under this contract is completed.

Deductibles and Self-Insured Retention
All self-insured retentions (SIR) must be disclosed to Risk Management for approval and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide, or be endorsed to provide, that the SIR may be satisfied by either the named insured or the City of Livermore. The City of Livermore reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A:

VII and accepted to do business in the State of California, unless otherwise acceptable to the City of Livermore.

Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

1. The City of Livermore, its officers, officials, employees, and designated Docusign Envelope ID: 308A6AB8-95E7-4417-809F-164A3BFDCFAD

EXHIBIT A
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Revised 10/20/2020
B10 – 3M E&O

Page 2 ends

volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Consultant/Contractor; or automobiles owned, leased, hired or borrowed by the Consultant/Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City of Livermore, its officers, officials, employees, or volunteers.

2. The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. The additional insured coverage under the Consultant’s/Contractor’s policy shall be primary and non-contributory and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as ISO Form CG 20 10 04 13. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Livermore before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

3. Any failure to comply with reporting or other provisions of the policy, including breaches of warranties, shall not affect coverage provided to the City of Livermore, its officers, officials, employees, or volunteers.

4. The Consultant’s/Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party before expiration of the policy unless notice is delivered in accordance with policy provisions.

6. It shall be a requirement under this agreement that any available insurance proceeds broader than, or in excess of, the specified minimum insurance coverage requirements and/or limits shall be available to the additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named Insured; whichever is greater.

7. Certificate Holder section of the insurance certificate should read: City of Livermore, 1052 S. Livermore Avenue, Livermore, CA 94550 Verification of Coverage
Consultant/Contractor shall furnish certificates of insurance and endorsement(s) effecting coverage to the City of Livermore for approval. The endorsements shall be on forms acceptable to the City of Livermore. All certificates and endorsements are to be received and approved by the City of Livermore before work commences. The City of Livermore reserves the right to require complete and certified copies of all insurance policies required by this Agreement.

Docusign Envelope ID: 308A6AB8-95E7-4417-809F-164A3BFDCFAD

EXHIBIT A
262
CITY COUNCIL STAFF REPORT ITEM NO. 5.10
DATE: June 9, 2025
TO: Honorable Mayor and City Council
FROM: Brent Smith, Community Development Director
SUBJECT: Resolution authorizing delegation of authority to the City Manager to award a construction contract, in an amount not-to-exceed $2,700,000, for the Golf Course Damage Repair Project SD202132, FEMA PA-09-CA-4308-PW-00602.

RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution:

1. Delegating authority to the City Manager to award a construction contract in a total amount not-toexceed $2,700,000 for the Golf Course Damage Repair project SD202132, FEMA PA-09-CA4308-PW-00602 in substantially similar form to the draft contract in Exhibit A of the Resolution subject to the City Attorney's approval to form of the final construction contract and Risk Management approval of insurance;

2. Execute any change orders or amendments which do not exceed the not-to-exceed amount;

3. Reject all other bids; and

4. Take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution, including approving minor changes to the proposed agreement.

SUMMARY
Winter storm events in 2017 and 2022-2023 had significant impact on areas around the Arroyo Las Positas Creek. The creek overtopped, and travelled overland, flooding the golf course, Beeb’s parking lot, and parts of Livermore Municipal Airport, etc. The site qualified for a Federal Emergency Management Agency (FEMA) Public Assistance grant.

The construction window for projects near the creek at the golf course typically spans between June to 263
October. To begin construction in summer 2025 staff is requesting council approval for the City Manager to award the construction contract up to a not-to-exceed amount of $2,700,000.

DISCUSSION
Winter storm events in 2017 and 2022-2023 had significant impacts on areas around the Arroyo Las Positas Creek. The creek overtopped, and travelled overland, flooding the golf course, Beeb’s parking lot, and parts of Livermore Municipal Airport, etc. The floodwaters uprooted trees, deposited debris and sediments, and caused damage to the drainage system, equipment, paved pathways, among other amenities, and also damaged private facilities. Floodwater also overtopped the channel upstream of Airway Boulevard culvert crossing Airway Boulevard at various locations flooding Airway Boulevard, Club House Drive, Terminal Circle, the eastern part of Livermore Municipal Airport and the parking lots, and private businesses.

The Golf Course Damage Repairs project SD202132, FEMA PA-09-CA-4308-PW-00602, will restore cart pathways, tee boxes, greens and fairways, etc., and construct concrete floodwalls along the northern side of the golf course parking lot, install a flood gate at the cart bridge, and construct earthen floodberms to the east of the parking lot. In addition, a combination of concrete floodwalls and earthen floodberms will be constructed along the northern side of Airway Boulevard. The project will mitigate flooding and protect critical infrastructure. See Attachment 1 for a project location map.

The construction window for projects near the creek at the golf course typically spans between June to October. The current schedule is to open bids in early July. The contract will not be available in time for approval at the July City Council meetings and there are no Council meetings scheduled in August. To begin construction in August 2025, staff is requesting the City Council authorize the City Manager to award the construction contract.

ENVIRONMENTAL DOCUMENT/ DECLARATION - A Mitigated Negative Declaration was prepared, circulated and a Notice of Determination filed with County of Alameda on January 14, 2025.

FISCAL AND ADMINISTRATIVE IMPACTS
The budget for the Golf Course Damage Repair project, SD202132, in the 2025-2030 Capital Improvement Plan, which is before Council tonight for approval, covers the cost of this construction contract and all other project costs including design, change orders, permits, and construction phase support services. The project is funded as shown on the table below. No additional budget appropriations are required.

Funding Source FY 2024-25 FY 2025-26 FY 2026-27
CIP Reserves--Storm $20,000 $200,000 $65,000
Federal Grant--Storm 165,000 1,800,000 65,000
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State Grant--Storm 510,000
State--Gas Tax 800,000 100,000
State--SB1 50,000
Total $235,000 $3,310,000 $230,000
The estimated annual operation and maintenance cost is $10,000 which will be funded by the general fund.

COMMUNITY PILLAR
5: A City That Works
GOAL
14: Develop, operate, and maintain the City's infrastructure.

ATTACHMENTS

1. Site Map

2. Resolution

3. Exhibit A - Draft Construction Contract
Prepared by: Mallika Ramachandran
Assistant City Engineer
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
265
266
1 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING DELEGATION OF AUTHORITY TO THE CITY MANAGER TO AWARD A CONSTRUCTION CONTRACT, IN AN AMOUNT NOT-TOEXCEED $2,700,000, FOR THE GOLF COURSE DAMAGE REPAIR PROJECT SD202132, FEMA PA-09-CA-4308-PW-00602
Winter storm events in 2017 and 2022-2023 had significant impact on areas around the Arroyo Las Positas Creek. The creek overtopped, and travelled overland, flooding the golf course, Beeb’s parking lot, and parts of Livermore Municipal Airport, etc.

The site qualified for a Federal Emergency Management Agency (FEMA) Public Assistance grant.

Design development and coordination with regulatory agencies on the project has been lengthy and complex, requiring additional regulatory meetings, geomorphology studies and engineering evaluations to develop comprehensive approaches and design solutions. Regulatory permits have been submitted to the resource agencies and are expected to be finalized in June 2025. The construction window for projects near the creek at the golf course typically spans between June to October. To begin construction in summer 2025 staff is requesting Council approval for the City Manager to award the construction contract.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby:

1. Delegates authority to the City Manager to award a construction contract in a total amount not-to-exceed $2,700,000 for the Golf Course Damage Repair Project SD202132, FEMA PA-09-CA-4308-PW-00602 in substantially similar form to the draft contract in Exhibit A of the Resolution subject to the City Attorney approval to form of the final construction contract and Risk Management approval of insurance; execute any change orders or amendments which do not exceed the not-to-exceed amount;

2. Delegates authority to the City Manager to reject all other bids;

3. Authorizes the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution, including approving minor changes to the proposed agreement.

On motion of Council Member , seconded by Council
Member , the foregoing resolution was passed and adopted on June 9, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
267
2 RESOLUTION NO. ________
ATTEST: APPROVED AS TO FORM:
___________________________ /s/ Tara Mazzanti
Deborah L. Elam Tara Mazzanti
City Clerk Senior Assistant City Attorney
Exhibit A – Draft Construction Contract
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Livermore Contract Documents, page 25
Contract

CONTRACT
This public works contract (“Contract”) is entered into by and between the City of Livermore, a California Municipal Corporation (“City”) and {Name of Contractor}, {a/an} {list contractor's state of registration here} {identify type of entity here} eg: a California corporation(“Contractor”) for work on Golf Course Damage Repair, Project SD202132, FEMA PA-09-CA-4308-PW-00602 (“Project”).

The Parties Agree as Follows:

1. Award of Contract.

In response to the Notice Inviting Bids, Contractor has submitted a Bid Proposal to perform work on the Project, and on _____________, 20___, as part of Resolution No. __________________, City authorized award of this Contract to Contractor for the amount of Contractor’s bid.

2. Contract Documents.

This Contract consists of all of the written representations and submissions made by Contractor as part of the Bid process and the following numbered and un-numbered component documents, as detailed on the table of contents of this Agreement:
a. Bidding requirements (consisting of the Notice Inviting Bids; Instructions to Bidders; Bid Proposal; Bid Schedule, Subcontractor List, Noncollusion Declaration, Bid Bond, Bidder’s Questionnaire, Payment Bond, Performance Bond, Warranty Bond); b. General Conditions;
c. Special Conditions;
d. Division One Technical Specifications;
e. Appendix;
f. Index of Defined Terms;
g. Project Drawings and Specifications;
h. Bid Addenda, if any;
i. Change Orders, if any;
j. ALB Notice;
k. Notice to Proceed;
l. City Standard Specifications and Details;
m. And the following: no other documents

3. Contractor’s Obligations.

EXHIBIT A EXHIBIT A Page 1 of 19
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Contract
Contractor agrees to perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, equipment, transportation, and utilities, unless otherwise specified in the Contract Documents.

Contractor must use its best efforts to complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents.

4. Payment.

As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor _________________________________________ Dollars ($________________) (the “Contract Price”), in accordance with the payment provisions in the General Conditions.

5. Time for Completion.

5.1. Substantial Completion
Contractor must achieve Substantial Completion, as that term is defined in the General Conditions, of the Project Work within 80 Working Days from the commencement date stated in the Notice to Proceed. (“Substantial Completion Deadline.”). For this project, the Contractor shall also incorporate 2 of average anticipated inclement Weather Days into their bid estimate.

Contractor shall be solely responsible for the extended overhead and profit for these weather days and shall not be compensated by the City in any way, reference Section 10.3 of the General Conditions and Section 013200-4.3 Contract Schedules for additional weather day information..

5.2. Final Completion
Contractor must achieve Final Completion, as that term is defined in the General Conditions, of the Project Work within 15 Working Days after the date of substantial completion. (“Final Completion Deadline.”)

5.3. Early Completion.

By signing below, Contractor expressly waives any claim for delayed early completion.

6. Liquidated Damages.

If Contractor fails to meet either the Substantial Completion Deadline or the Final Completion Deadline, City may assess liquidated damages according the provisions in the General Conditions of the Contract Documents in the following amounts for each day of Unexcused Delay, and the Contract Price shall be reduced accordingly.

6.1. Substantial Completion Deadline: One thousand dollars ($ 1000) per day.

6.2. Final Completion Deadline: Five hundred dollars ($ 500) per day.

7. Labor Code Compliance.

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Contract
This Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the California Labor Code, including requirements pertaining to wages, working hours and workers’ compensation insurance.

7.1. Prevailing Wages.

This Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. The general prevailing wage rates for each craft, classification or type of covered work are available online at http://www.dir.ca.gov/DLSR.

7.2. DIR Registration.

City will not accept a Bid Proposal from or enter into the Contract with a bidder without proof that the bidder and its Subcontractors are registered with the California Department of Industrial Relations to perform public work under Labor Code, Section 1725.5, subject to limited legal exceptions allowed by the Labor Code.

8. Workers’ Compensation Certification.

Under Labor Code, Section 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code, Section 3700 which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.”
The successful bidder previous to the entering of the contract to do the said work shall take out and maintain in full force and effect worker's compensation insurance with an insurance carrier authorized to transact business in the State of California, covering the bidder's full liability for compensation to any persons employed who may be injured in the carrying out of said contract or the dependents thereof. Evidence of such worker's compensation insurance shall be furnished to the City of Livermore by certificate and waiver of subrogation in the City’s electronic insurance certificate tracking system (PINS) prior to the commencement of the work and said certificate shall contain a provision that the coverage thereunder will not be canceled until at least thirty (30) days prior written notice has been given to the City.

9. Notice.

Any notice, billing, or payment required by the Contract Documents must be made in writing, and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, facsimile, or by email as a PDF (or comparable) file. Notice is deemed effective upon delivery unless otherwise specified. Notice for each party must be given as follows:

City Contractor
Name Joel Waxdeck
Address 1052 South Livermore Avenue
City/state/zip Livermore, CA 94550
Phone (925) 960-4521
Fax (925) 960-4505
Attention City Engineer
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Contract
Email [email protected]
Copy to [email protected]

10. General Provisions.

The following items are repeated here as stated as part of Part 2, General Conditions, for emphasis:

10.1. Assignment and Successors.

Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City’s written consent. This Contract is binding on Contractor’s successors and permitted assigns.

A consolidation or merger of Contractor or a change in ownership of 25% or more of Contractor’s capital stock constitutes an assignment by Contractor requiring the City’s written consent.

10.2. Third Party Beneficiaries.

There are no intended third-party beneficiaries to this Contract except as expressly provided in the General Conditions or Special Conditions.

10.3. Governing Law and Venue.

This Contract will be governed by California law and venue will be in the Superior Court of the County in which the Project is located, and no other place.

10.4. Amendment.

No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract.

10.5. Integration; Severability.

This Contract and the Contract Documents incorporated herein, including authorized amendments or Change Orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor. If any provision of the Contract Documents, or portion of a provision, is determined to be illegal, invalid, or unenforceable, the remaining provisions of the Contract Documents will remain in full force and effect.

10.6. Federal Funding
The project is Federally funded and the CONTRACTOR shall comply with all requirements in Exhibit A - “Special Provision – FEMA Federal Provisions”, and updates issued by FEMA.

11. Authorization.

Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required under California Corporation Code, Section 313.

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Contract
The parties agree to this Contract as witnessed by the signatures below:

CITY
City of Livermore, a California Municipal
Corporation
s/_____________________________
Marianna A. Burch, City Manager
Date: ___________________________
Approved as to form:
________________________________
City of Livermore City Attorney

CONTRACTOR
______________________________
s/_____________________________
Name/Title [print]
Date: ___________________________
s/_____________________________
Name/Title [print]
Date: ___________________________
_______________________________
Contractor’s Calif. License Number(s)
Seal:
__________________________
Expiration Date(s)

END OF DOCUMENT
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1 FEMA Exhibit

EXHIBIT A

FEDERAL PROVISIONS - FEMA
I. DEFINITIONS
A. Government means the United States of America and any executive department or agency thereof.

B. FEMA means the Federal Emergency Management Agency.

C. Third Party Subcontract means a subcontract at any tier entered into by Contractor or subcontractor, financed in whole or in part with Federal assistance originally derived from the Federal Emergency Management Agency.

II. FEDERAL CHANGES
A. Contractor shall at all times comply with all applicable regulations, policies, procedures, and FEMA Directives as they may be amended or promulgated from time to time during the term of this Agreement, including but not limited to those requirements of 2 CFR 200.317 through 200.326 and more fully set forth in Appendix II to Part 200—Contract Provisions for non– Federal Entity Contracts Under Federal Awards, which is included herein by reference.

Contractor's failure to so comply shall constitute a material breach of this contract.

B. The Contractor agrees to include the above clause in each third party subcontract financed in whole or in part with Federal assistance provided by FEMA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

III. ACCESS TO RECORDS
A. The Contractor agrees to provide the City, FEMA, the Comptroller General of the United States or any their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this Agreement for the purposes of making audits, examinations, excerpts, and transcriptions.

B. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonablyneeded.

C. The Contractor agrees to maintain all books, records, accounts, and reports required under this Agreement for a period of not less than three years after the later of: (a) the date of termination or expiration of this Agreement or (b) the date City makes final payment under this Agreement, except in the event of litigation or settlement of claims arising from the performance of this Agreement, in which case, Contractor agrees to maintain same until the City, FEMA, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims, or exceptions relatedthereto.

D. The requirements set for in paragraphs A, B, and C above are all in addition to, and should not be considered to be in lieu of, those requirements set forth in the City’s Agreement.

IV. DEBARMENT AND SUSPENSION
A. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 EXHIBIT A EXHIBIT A Page 6 of 19
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2 FEMA Exhibit
C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).

B. Contractor represents and warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, "Debarment and Suspension" or on the USEPA's List of Violating Facilities. Contractor agrees that neither Contractor nor any of its third party subcontractors shall enter into any third party subcontracts for any of the work under this Agreement with a third party subcontractor who is debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs under executive Order 12549 or on the USEPA's List of Violating Facilities.

Gov. Code § 4477.

C. The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. Contractor agrees to the provisions of the Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions, attached hereto and incorporated herein. For purposes of this Agreement, Contractor is the “prospective lower tierparticipant.”
D. The Contractor agrees to include paragraphs A and B above in each third party subcontract financed in whole or in part with Federal assistance provided by FEMA. It is further agreed that the paragraphs shall not be modified, except to identify the subcontractor who will be subject to its provisions.

E. This certification is a material representation of fact relied upon by City. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the State of California, the City, and the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

F. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier coveredtransactions.” V. NO FEDERAL GOVERNMENT OBLIGATIONS TOCONTRACTOR
A. The City and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Government, the Government is not a party to this contract and shall not be subject to any obligations or liabilities to the City, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract.

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3 FEMA Exhibit
VI. EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE (applicable to all construction contracts awarded meeting the definition of “federally assisted construction contract” under 41 CFR 61-1.3)
Contractor agrees to comply with Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR Part 60). 41 CFR 60.14 is hereby incorporated by reference.

A. Contractors and subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, sexual orientation, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care leave.

B. Contractors, and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination andharassment.

C. Contractors and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, § 12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full.

D. Contractors, and subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or otherAgreement.

VII. ANTI-KICKBACK ACT COMPLIANCE (applicable to all contracts and subgrants for construction or repair; 44 CFR§13.36(i)(4))
Contractor agrees to comply with the Copeland “Anti-Kickback” Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3).

VIII. DAVIS-BACON ACT COMPLIANCE (applicable to construction contracts in excess of $2,000 awarded by grantees and subgrantees when required by Federal grant programlegislation;) To the extent required by any Federal grant programs applicable to expected funding or reimbursement of City’s expenses incurred in connection with the services provided under this Agreement, Contractor agrees to comply with the Davis-Bacon Act (40 U.S.C. 276a to 276a–7) as supplemented by Department of Labor regulations (29 CFR Part 5) as set forth below. These requirements are in addition to any requirements set forth in the Agreement.

A. The Contractor shall be bound to the provisions of the Davis-Bacon Act, and agrees to be bound by all the provisions of Labor Code section 1771 regarding prevailing wages. All labor on this project shall be paid neither less than the greater of the minimum wage rates established by the U.S. Secretary of Labor (Federal Wage Rates), or by the State of California Director of Department of Industrial Relations (State Wage Rates). Current DIR requirements may be found at http://www.dir.ca.gov/lcp.asp.

B. The general prevailing wage rates may be accessed at the Department of Labor Home Page at www.wdol.gov. Under the Davis Bacon heading, click on “Selecting DBA WDs.” In the drop down menu for State, select, “California.” In the drop down menu for City, select “City of EXHIBIT A EXHIBIT A Page 8 of 19
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Livermore” In the drop down menu for Construction Type, make the appropriate selection.

Then, click Search.

IX. CONTRACT WORK HOURS AND SAFETY STANDARDS (applicable to all contracts in excess of $100,000 that involve the employment of mechanics or laborers, but not to purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence)
A. Compliance: Contractor agrees that it shall comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327–330) as supplemented by Department of Labor regulations (29 CFR Part 5), which are incorporatedherein.

B. Overtime: No contractor or subcontractor contracting for any part of the work under this Agreement which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours insuch workweek.

C. Violation; liability for unpaid wages; liquidated damages: In the event of any violation of the provisions of Paragraph B, the Contractor and any subcontractor responsible therefore shall be liable to any affected employee for his unpaid wages. In additions, such Contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic employed in violation of the provisions of paragraph B in the sum of $10 for each calendar day on which such employee was required or permitted to be employed on such work in excess of eight hours or in excess of his standard workweek of forty hours without payment of the overtime wages required by paragraph B.

D. Withholding for unpaid wages and liquidated damages: The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set for in paragraph C of this section.

E. Subcontracts: The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs A through D of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs A through D of thissection.

X. NOTICE OF REPORTING REQUIREMENTS
A. Contractor acknowledges that it has read and understands the reporting requirements of FEMA in Part III of Chapter 11 of the United States Department of Justice’s Office of Justice Programs Financial Guide, and agrees to comply with any such applicablerequirements.

EXHIBIT A EXHIBIT A Page 9 of 19
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5 FEMA Exhibit
XI. NOTICE OF REQUIREMENTS PERTAINING TOCOPYRIGHTS
A. Contractor agrees that FEMA shall have a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for governmentpurposes:
1) The copyright in any work developed with the assistance of funds provided under this Agreement;
2) Any rights of copyright to which Contractor purchases ownership with the assistance of funds provided under this Agreement.

B. The Contractor agrees to include paragraph A above in each third party subcontract financed in whole or in part with Federal assistance provided by FEMA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

XII. PATENT RIGHTS (applicable to contracts for experimental, research, or development projects financed by FEMA; 44 CFR§13.36(i)(8))
A. General. If any invention, improvement, or discovery is conceived or first actually reduced to practice in the course of or under this Agreement, and that invention, improvement, or discovery is patentable under the laws of the United States of America or any foreign country, the City and Contractor agree to take actions necessary to provide immediate notice and a detailed report to FEMA.

B. Unless the Government later makes a contrary determination in writing, irrespective of Contractor's status (a large business, small business, state government or state instrumentality, local government, nonprofit organization, institution of higher education, individual), the City and Contractor agree to take the necessary actions to provide, through FEMA, those rights in that invention due the Federal Government as described in U.S. Department of Commerce regulations, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” 37 CFR, Part 401.

C. The Contractor agrees to include paragraphs A and B above in each third party subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FEMA.

XIII. ENERGY CONSERVATION REQUIREMENTS
A. The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 USC6201).

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6 FEMA Exhibit
XIV. CLEAN AIR AND WATER REQUIREMENTS (applicable to all contracts and subcontracts in excess $100,000, including indefinite quantities where the amount is expected to exceed $100,000 in any year)
A. Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387), and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA).

B. Contractor agrees to report each violation of these requirements to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to FEMA and the appropriate EPA regionaloffice.

C. The Contractor agrees to include paragraph A and B above in each third party subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA.

XV. TERMINATION FOR CONVENIENCE OF CITY (applicable to all contracts in excess of $10,000)
See Paragraph 9 of the Agreement.

XVI. TERMINATION FOR DEFAULT (applicable to all contracts in excess of$10,000) Contractor’s failure to perform or observe any term, covenant or condition of this Agreement shall constitute an event of default under this Agreement. See Paragraph 9 of the Agreement.

XVII. LOBBYING (Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (asamended).) A. Contractor shall not use or pay any funds received under this Agreement to influence or attempt to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

B. Contractor agrees to the provisions of Certification Regarding Lobbying, attached hereto and incorporated herein (applicable for contracts or subcontracts in excess of $100,000).

C. Contractor agrees to include paragraphs A and B above in each third party subcontract financed in whole or in part with Federal assistance provided by FEMA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

XVIII. MBE / WBE REQUIREMENTS
The City intends to seek reimbursement of its costs incurred in connection with this project from FEMA. Accordingly, the CONTRACTOR shall make every effort to procure Minority and Women's Business Enterprises ("DBEs") through the "Good Faith Effort" process as required in 2 CFR 200.321. Failure to perform the "Good Faith Effort" process and submit the forms listed below with the bid/proposal shall be cause for a bid/proposal to be rejected as non-responsive and/or be considered as a material breach of thecontract.

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7 FEMA Exhibit

PRIME CONTRACTOR RESPONSIBILITIES
All recipients of this grant funding, as well as their prime contractors and subcontractors, must take all affirmative steps to assure that minority firms, women's business enterprises, and labor surplus area firms are used when possible make every effort to solicit bids from eligible DBEs. This information must be documented and reported.
"GOOD FAITH" EFFORT PROCESS
Any public or private entity receiving federal funds must demonstrate that efforts were made to attract MBE/WBEs. The process to attract MBE/WBEs is referred to as the "Good Faith" effort.

This effort requires the recipient, prime contractor and any subcontractors to take the steps listed below to assure that MBE/WBEs are used whenever possible as sources of supplies, construction, equipment, or services. If a CONTRACTOR fails to take the steps outlined below shall cause the bid/proposal to be rejected as non-responsive and/or be deemed a material breach of thecontract.

A. Place qualified small and minority businesses and women's business enterprises on solicitation lists;
B. Assure that small and minority businesses, and women's business enterprises are solicited whenever they are potentialsources;
C. Divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises; D. Establish delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises;and E. Use the services and assistance of the Small Business Administration, and the Minority Business Development Agency of the Department of Commerce.

F. If subcontracts are to be let, Contractor shall take the affirmative steps listed in 2CFR 200.321.

XIX. PROCUREMENT OF RECOVERED MATERIALS (2 CFR200.322)
Contractor shall comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

XX. INCORPORATION OF UNIFORM ADMINISTRATIVE REQUIREMENTS The preceding provisions include, in part, certain standard terms and conditions required by FEMA, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by FEMA are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FEMA mandated terms shall be deemed to control in the event of a conflict with EXHIBIT A EXHIBIT A Page 12 of 19
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8 FEMA Exhibit
other provisions contained in this Agreement. Contractor shall not perform any act, fail to perform any act, or refuse to comply with any City requests that would cause City to be in violation of the FEMA terms and conditions.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION – LOWER TIER COVERED TRANSACTIONS
(Lower Tier refers to the agency or contractor receiving Federal funds, as well as any subcontractors that the agency or contractor enters into contract with using those funds) As required by Executive Order 12549, Debarment and Suspension, as defined at 44 CFR Part 17, City may not enter into contract with any entity that is debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by the Federal Government from participating in transactions involving Federal funds. Contractor is required to sign the certification below which specifies that neither Contractor nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by the Federal agency. It also certifies that Contractor will not use, directly or indirectly, any of these funds to employ, award contracts to, engage the services of, or fund any contractor that is debarred, suspended, or ineligible under 44 CFR Part 17.

Instruction for Certification

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to whom this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances.

4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definition and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this agreement that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

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9 FEMA Exhibit

6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Nonprocurement Programs.

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction originated may pursue available remedies, including suspension and/or debarment.

Certification Regarding Debarment, Suspension, Ineligibility an Voluntary Exclusion – Lower Tier Covered Transactions

1. The prospective lower tier participant certifies, by submission of its proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the EXHIBIT A EXHIBIT A Page 14 of 19
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10 FEMA Exhibit
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loan, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

I declare under penalty of perjury that I have read, understood, and agree to comply with all of the provisions set forth in Exhibit C.

Contractor Signature Date
EXHIBIT A EXHIBIT A Page 15 of 19
283

MBE/WBE/SBE FORMS
B-1
DBE Subcontractor Utilization Form
This form is intended to capture the prime contractor’s actual and/or anticipated use of identified certified DBE1 subcontractors2 and the estimated dollar amount of each subcontract.

Prime Contractor Name Project Name
Bid/Proposal No. Assistance Agreement ID No. ( If known) Point of Contact Address
Telephone No. Email Address
Issuing/Funding Entity:

I have identified potential DBE
certified subcontractors  YES  NO
Subcontractor Name/
Company Name
Company Address/Phone/Email Est. Dollar Amt Currently DBE Certified?
1 A DBE is a Disadvantaged, Minority, Small or Woman Business Enterprise that has been certified as described in 40 CFR

33.204-33.205.
2 Subcontractor is defined as a company, firm, joint venture or individual who enters into an agreement with a contractor to provide services.

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MBE/WBE/SBE FORMS
B-2
DBE Subcontractor Performance
I certify under penalty of perjury that the foregoing statements are true and correct. Signing this form does not signify a commitment to utilize the subcontractors above. In the event of a replacement of a subcontractor, I will adhere to the replacement requirements set forth in 40 CRF Part 33 Section 33.302(c).

Prime Contractor Signature Print Name
Title Date
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285

MBE/WBE/SBE FORMS
B-3
DBE Subcontractor Performance
This form is intended to capture the DBE3 subcontractors’4 description of work to be performed and the price of the work submitted to the prime contractor. Prime contractor is required to have its DBE subcontractors complete this form and include all completed forms in the prime contractors bid or proposal package unless subcontractors will not be used.

Subcontractor Name Project Name
Bid/Proposal No. Assistance Agreement ID No. ( If known) Point of Contact Address
Telephone No. Email Address
Prime Contractor Name Issuing/Funding Entity:

Contract Item Number Description of Work Submitted to the Prime Contractor Involving construction, Services, Equipment or Supplies Price of Work
Submitted to the
Prime Contractor
BDE Certified by  DOT  SBA
 Other:

Meets/ exceeds FEMA certification standards:
 YES  NO  Unknown
3 A DBE is a Disadvantaged, Minority, Small or Woman Business Enterprise that has been certified as described in 40 CFR

33.204-33.205
4 Subcontractor is defined as a company, firm, joint venture or individual who enters into an agreement with a contractor to provide services pursuant to an EPA award of financial assistance.

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DBE Subcontractor Performance
I certify under penalty of perjury that the foregoing statements are true and correct. Signing this form does not signify a commitment to utilize the subcontractors above. I am aware of that in the event of a replacement of a subcontractor, I will adhere to the replacement requirements set forth in 40 CRF Part 33 Section 33.302(c).

Prime Contractor Signature Print Name
Title Date
Subcontractor Signature Print Name
Title Date

MBE/WBE/SBE FORMS
B-4
EXHIBIT A EXHIBIT A Page 19 of 19
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CITY COUNCIL STAFF REPORT ITEM NO. 5.11
DATE: June 9, 2025
TO: Honorable Mayor and City Council
FROM: Brent Smith, Community Development Director
SUBJECT: Resolution approving an exception to the Livermore Municipal Code bidding requirements and authorizing sole sourcing of a specific Fonroche brand of streetlights equipment for the construction of Street Lighting, project TC201923.

RECOMMENDED ACTION
The City Engineer recommends the City Council adopt a resolution:

1. Authorizing sole sourcing the Fonroche Lighting America specific brand of equipment and instruments for the construction of Street Lighting, project TC201923;

2. Approving, per the recommendation of the City Engineer, an exception to the bidding requirement contained in the Livermore Municipal Code Section 2.68.550(C), because there is no competitive advantage to be gained by inviting bids and the City Engineer has determined that the supplies and equipment are unique and available from a sole source; and

3. Authorizing the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of the resolution.

SUMMARY
The City of Livermore (City)'s Street Lighting project involves maintaining and improving lighting levels throughout the City. The main objective is to further enhance pedestrian and traffic safety. An additional objective is to reduce energy used and save maintenance costs by upgrading existing lighting equipment. Certain upgrades include renewable sources, such as solar powered streetlights. Solar lighting is the best option for adding new lighting as part of Street Lighting project TC201923. Fonroche Lighting America is the only solar brand that meets the requirements of the project. To ensure that the City is fully equipped with the most reliable and effective solar lighting equipment, the City Engineer recommends that the solar powered streetlighting equipment should be sole sourced from the same and compatible manufacturer “Fonroche Lighting America” pursuant to Livermore Municipal Code Section

2.68.550(C).

DISCUSSION
288
The objective of this Street Lighting project, TC201923 is to improve the street lighting in Livermore by installing new streetlights and upgrading incandescent lights. As shown in Attachment 1, the improvements are proposed along East Avenue between South Livermore Avenue and South Vasco Road. Several other locations are included by resident requests. The project involves installing approximately 77 new LED lights on existing poles and 28 new solar powered lights. For new streetlights, rather than using the City’s standard streetlight poles with wired streetlights, this project proposes to deploy solar powered streetlights, specifically the Fonroche Lighting America brand of solar light assembly on top of 25-foot-tall poles with a 6’ mast arm. Attachment 2 contains a picture of a standard Fonroche solar light assembly.

The reasons to deploy solar light over the traditional wired streetlight for the Street Lighting project TC201923 are listed below:

1. The existing utility infrastructures consisting of overhead power lines owned by PG&E and other utility companies pose a constraint for installing the typical light poles at several project locations.

2. There are potential clearance limitations, high cost for constructing underground structures, disruptions to existing infrastructures, and delays due to materials and inspections by PG&E.

3. Solar lights rely on a source of renewable energy, bring in less disruption to roads and sidewalks during construction, save time on coordination with other utility companies, and are more cost efficient for installation compared with traditional wired streetlights.

Staff explored several solar streetlight products and found Fonroche Lighting America brand of solar light assembly is most recommended in the current market. Fonroche solar lights have a good performance history on major streets, similar to East Avenue, in several other Bay Area jurisdictions such as the City of Richmond, the City of Vallejo, and the City of Walnut Creek. Other justifications to support an exception to bidding for the specific Fonroche Lighting America brand of solar street lighting equipment and instruments for the project are listed below:

Shorter lead time than traditional lighting equipment.

Unique Nickel Metal Hydride (NiMH) battery technology, sized for street and roadway applications.

NiMH is important for use in autonomous solar lighting because it is the only battery technology capable of withstanding hot and cold temperature climates of -40° - +158°, with a replacement lifespan greater than 10 years.

Only solar lighting manufacturer capable of central control and management of solar street lighting infrastructure. Allows cities to monitor and control functionality of solar street lighting infrastructure.

Fonroche has a connected infrastructure base of 110,000 solar streetlights, sending over 7 million messages per day. This central control system provides a customer facing street light monitoring portal, allowing for continuous real time monitoring of each individual light.

Only manufacturer offering a standard full 8-year, non-pro-rated parts and labor warranty.

The system is uniquely suitable for both new pole locations and retrofitting existing poles and bases.

The Street Lighting project TC201923 is currently under design by a consultant. For new streetlights, the design is based on the specifications of Fonroche Lighting America brand of solar lights. The final design is tentatively scheduled to be completed by August 2025.

When the City identifies a need for using sole source manufacturers, Livermore Municipal Code (LMC) Section 2.68.550(C) allows for an exception to the bidding requirement shown in LMC Section 2.68.540, 289
based on the fact that only one unique type of equipment can meet the requirements of the project and therefore the bidding requirement is not necessary.

FISCAL AND ADMINISTRATIVE IMPACTS
The budget for the Street Lighting project, TC201923, in the 2025-2030 Capital Improvement Plan, which is recommended for approval tonight, covers the cost of purchasing and installing these lights and all other project related expenditures. Funding for this project comes from Gas Taxes and State – SB1 Funds.

COMMUNITY PILLAR
1: A Safe Community That Thrives

GOAL CATEGORY
10: Work to maintain a safe and efficient local transportation network and address safety concerns

ATTACHMENTS

1. Location Map

2. Fonroche Light Assembly

3. Resolution
Prepared by: Juan Tenorio
Senior Engineering Technician
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
290
291
292
1 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION APPROVING AN EXCEPTION TO THE LIVERMORE

MUNICIPAL CODE BIDDING REQUIREMENTS AND AUTHORIZING

SOLE SOURCING OF A SPECIFIC FONROCHE BRAND OF

STREETLIGHTS EQUIPMENT FOR THE CONSTRUCTION OF STREET
LIGHTING, PROJECT TC201923
The City of Livermore (“City”) is currently designing the Street Lighting project comprising of maintaining and improving lighting levels throughout the City. The main objective is to further enhance pedestrian, bicyclist and traffic safety. It includes strategies for reducing energy used and saving maintenance costs by upgrading existing lighting equipment. Certain upgrades include renewable sources, such as solar powered streetlights. To ensure that the City is fully equipped with the most reliable and effective solar lighting equipment, the City Engineer recommends that the solar powered streetlighting equipment should be sole sourced from the same and compatible manufacturer “Fonroche Lighting America” pursuant to Livermore Municipal Code Section

2.68.550(C).

The justifications to support an exception to bidding for the specific Fonroche Lighting America brand of solar street lighting equipment and instruments for the project are listed below.
• Shorter lead time than traditional lighting equipment. • Unique Nickel Metal Hydride (NiMH) battery technology, sized for street and roadway applications. NiMH is important for use in autonomous solar lighting because it is the only battery technology capable of withstanding hot and cold temperature climates of -40° - +158°, with a replacement lifespan greater than 10 years. • Only solar lighting manufacturer capable of central control and management of solar street lighting infrastructure. Allows cities to monitor and control functionality of solar street lighting infrastructure. Fonroche has a connected infrastructure base of 110,000 solar streetlights, sending over 7 million messages per day. This central control system provides a customer facing street light monitoring portal, allowing for continuous real time monitoring of each individual light.
• Only manufacturer offering a standard full 8-year, non-pro-rated parts and labor warranty.
• The system is uniquely suitable for both new pole locations and retrofitting existing poles and bases.
293
2 RESOLUTION NO. ________
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore, that it hereby:

1. Authorizes sole sourcing Fonroche Lighting America specific brand of equipment and instruments for the construction of Street Lighting, project TC201923;

2. Approves, per the recommendation by the City Engineer, an exception to the bidding requirement contained in Livermore Municipal Code Section 2.68.550(C), because there is no competitive advantage to be gained by inviting bids and the City Engineer has determined that the supplies and equipment are unique and available from a sole source; and

3. Authorizes the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on June 9, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED AS TO FORM:
___________________________ /s/ Tara Mazzanti
Deborah L. Elam Tara Mazzanti
City Clerk Senior Assistant City Attorney
294
CITY COUNCIL STAFF REPORT ITEM NO. 5.12
DATE: June 9, 2025
TO: Honorable Mayor and City Council
FROM: Judy Erlandson, Acting Public Works Director
SUBJECT: Resolution authorizing issuance of a purchase order to Lenco Industries, Inc. dba Lenco Armored Vehicles in the amount of $534,356 for one 2025 Lenco BearCat G3 4-Wheel Drive Armored Vehicle and authorizing a financial contingency in an amount not-toexceed ten percent (10%).

RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a purchase order to Lenco Industries, Inc. dba Lenco Armored Vehicles in the amount of $534,356 for one 2025 Lenco BearCat G3 4-Wheel Drive Armored Vehicle and authorize a financial contingency in an amount not-to-exceed ten percent (10%).

SUMMARY
The Livermore Police Department (LPD) is responsible for ensuring public safety and responding to critical incidents to de-escalate and manage active shooter situations, high-risk operations, suspectinitiated incidents, hostage rescues, and natural disaster relief efforts. In recent years, law enforcement agencies across the country have increasingly faced threats that require specialized equipment to protect both officers and the public. The acquisition and replacement of an Armored Vehicle (ARV) would significantly enhance the department’s ability to safely manage and de-escalate these dangerous situations. The purchase of a new ARV would be fully funded through the Citizen’s Option for Public Safety (COPS) state grant in which funds are currently available.

DISCUSSION
The Livermore Police Department (LPD) is responsible for ensuring public safety, protection of critical infrastructure, and responding to critical incidents to de-escalate and manage. Examples include mass shooting situations, mental health crisis, high-risk operations, suspect-initiated incidents, violent crime, and natural disaster relief efforts. In recent years, law enforcement agencies across the country have increasingly faced critical incidents such as these which require first responders to be constantly prepared with specialized equipment to protect both officers and the public. The LPD and City are not immune from these types of threats. Therefore, the LPD routinely conducts annual training to prepare 295
for these types of events.

To better help the Tri-Valley prepare for such incidents, the Police Departments of the cities of Livermore and Pleasanton work together to sustain a highly trained Tactical Team to respond to all high-risk critical call outs that occur within this jurisdiction. The Tactical Team trains monthly on response and management of critical incidents. In order for the team to effectively carry out our mission to protect the citizens and critical infrastructure of the region, the LPD must have sufficient safety equipment to do the job.

The LPD currently owns an Armored Vehicle (ARV) that was purchased from the Lawrence Livermore National Laboratory in 2014 for one dollar. This ARV is a 2006 GMC C4500 Armored Truck and has reached its life expectancy. Replacement parts are hard to purchase due to the age of the ARV making servicing it difficult, and the vehicle has become a safety hazard for staff who are needed to operate it.

The ARV is an essential piece of public safety equipment that requires replacement. Currently, the ARV is more than 19 years old and has experienced significant repair costs and staff recommends the replacement of this unit based on age and condition.

The purchase of this new armored vehicle through a cooperative purchasing agreement will expedite the delivery of the unit. Lenco Armored Vehicles in Pittsfield, Massachusetts is the direct manufacturer of the BearCat G3. Lenco’s BearCat G3 meets the operational needs and criteria specified by the LPD.

LMC section 2.68.370 allows for the purchase of supplies and equipment without complying with the quotation or bidding requirements of the City’s Contract and Purchase Ordinance if such purchases are based on an agreement or cooperative purchasing program entered into by certain public agencies, regardless of whether the City is a named party to such an agreement or an actual participant in such a program. In all such cases, the supplies and equipment purchased must be the same and be offered at the same price as the supplies and equipment subject to the agreement or program and the underlying purchase must have been made using a quotation or bid procedure at least as restrictive as the City’s.

Staff recommends purchasing this replacement ARV utilizing Houston-Galveston Area Council (H-GAC) contract #AM10-23 with Lenco Armored Vehicles. The H-GAC bid procedure for ambulance, EMS, and special service vehicles meets the City’s municipal code requirement, and therefore, the purchase can be awarded to Lenco Armored Vehicles in Massachusetts, the manufacturer of the BearCat G3. The HGAC program assists local governments in reducing costs through this government-to-government procurement service available nationwide. This program is available to local government entities and qualifying non-profit corporations. Eligible membership and participation include states, cities, counties, all government agencies, both public and non-public educational agencies, colleges, universities, and non-profit organizations. The City of Livermore is currently a registered member. The purchase through H-GAC contract #AM10-23 will expedite the delivery of the ARV. Build time for the BearCat G3 is 18 to 24 months and pricing may need to be adjusted due to pandemic-related component shortages, fluctuating commodity prices, market volatility, model year price changes, or unforeseen surcharges incurred by the truck chassis and/or body manufacturer. Pricing increases may not exceed 10% of the original quoted price.

FISCAL AND ADMINISTRATIVE IMPACTS
The quoted cost of the Lenco BearCat G3 4-Wheel Drive Armored Vehicle is $486,025 (plus $48,331 in use tax), totaling $534,356. The funding source for this purchase is currently available through the 296
Citizen’s Option for Public Safety (COPS) state grant in Fund 242 to minimize the impact on the City’s General Fund.

COMMUNITY PILLAR
1: A City That Works
GOAL
14: Develop, operate, and maintain the City’s infrastructure.

ATTACHMENTS

1. H-GAC Contract #AM10-23

2. Lenco Industries, Inc. Quotation

3. Resolution
Prepared by: Scott Kooreman
Public Works Supervisor
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
297
H-GAC
Houston-Galveston Area Council
P.O. Box 22777 · 3555 Timmons · Houston, Texas 77227-2777 Cooperative Agreement - Contract - Lenco Industries, Inc. - Public Services - ID: 11110

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MASTER GENERAL PROVISIONS
This Master Agreement is made and entered into, by and between the Houston-Galveston Area Council hereinafter referred to as H-GAC having its principal place of business at 3555 Timmons Lane, Suite 120, Houston, Texas 77027 and Lenco Industries, Inc., hereinafter referred to as the Contractor, having its principal place of business at 10 Betnr Industrial Drive, Pittsfield, MA 01201.

WITNESSETH:

WHEREAS, H-GAC hereby engages the Contractor to perform certain services in accordance with the specifications of the Master Agreement; and
WHEREAS, the Contractor has agreed to perform such services in accordance with the specifications of the Master Agreement;
NOW, THEREFORE, H-GAC and the Contractor do hereby agree as follows:

ARTICLE 1: LEGAL AUTHORITY
The Contractor warrants and assures H-GAC that it possesses adequate legal authority to enter into this Master Agreement. The Contractor's governing body, where applicable, has authorized the signatory official(s) to enter into this Master Agreement and bind the Contractor to the terms of this Master Agreement and any subsequent amendments hereto.

ARTICLE 2: APPLICABLE LAWS
The Contractor agrees to conduct all activities under this Master Agreement in accordance with all federal laws, executive orders, policies, procedures, applicable rules, regulations, directives, standards, ordinances, and laws, in effect or promulgated during the term of this Master Agreement, including without limitation, workers’ compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Contractor shall furnish H-GAC with satisfactory proof of its compliance therewith.

ARTICLE 3: PUBLIC INFORMATION
Except as stated below, all materials submitted to H-GAC, including any attachments, appendices, or other information submitted as a part of a submission or Master Agreement, are considered public information, and become the property of H-GAC upon submission and may be reprinted, published, or distributed in any manner by H-GAC according to open records laws, requirements of the US Department of Labor and the State of Texas, and H-GAC policies and procedures. In the event the Contractor wishes to claim portions of the response are not subject to the Texas Public Information Act, it shall so; however, the determination of the Texas Attorney General as to whether such information must be disclosed upon a public request shall be binding on the Contractor. H-GAC will request such a determination only if Contractor bears all costs for preparation of the submission. H-GAC is not responsible for the return of creative examples of work submitted. H-GAC will not be held accountable if material from submissions is obtained without the written consent of the contractor by parties other than H-GAC, at any time during the evaluation process.

ARTICLE 4: INDEPENDENT CONTRACTOR
The execution of this Master Agreement and the rendering of services prescribed by this Master Agreement do not change the independent status of H-GAC or the Contractor. No provision of this Master Agreement or act of HGAC in performance of the Master Agreement shall be construed as making the Contractor the agent, servant, or employee of H-GAC, the State of Texas, or the United States Government. Employees of the Contractor are DocuSign Envelope ID: FCBA4C6B-FD81-45AC-B6ED-955241028BDA ATTACHMENT 1
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subject to the exclusive control and supervision of the Contractor. The Contractor is solely responsible for employee related disputes and discrepancies, including employee payrolls and any claims arising therefrom.

ARTICLE 5: ANTI-COMPETITIVE BEHAVIOR
Contractor will not collude, in any manner, or engage in any practice which may restrict or eliminate competition or otherwise restrain trade.

ARTICLE 6: SUSPENSION AND DEBARMENT
Debarment and Suspension (Executive Orders 12549 and 12689) – A contract award (2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1966 Comp. p. 189) and 12689 (3 CFR Part 1989 Comp. p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

Pursuant to the Federal Rule above, Respondent certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency or by the State of Texas and at all times during the term of the Contract neither it nor its principals will be debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency or by the State of Texas Respondent shall immediately provide the written notice to H-GAC if at any time the Respondent learns that this certification was erroneous when submitted or has become erroneous by reason of changed circumstances. H-GAC may rely upon a certification of the Respondent that the Respondent is not debarred, suspended, ineligible, or voluntarily excluded from the covered contract, unless the H-GAC knows the certification is erroneous.

ARTICLE 7: GOAL FOR CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN’S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS (if subcontracts are to be let) H-GAC’s goal is to assure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible in providing services under a contract. In accordance with federal procurements requirements of 2 CFR §200.321, if subcontracts are to be let, the prime contractor must take the affirmative steps listed below:

1. Placing qualified small and minority businesses and women’s business enterprises on solicitation lists;

2. Assuring that small and minority businesses and women’s business enterprises are solicited whenever they are potential sources;

3. Dividing total requirements, when economically feasible, into smaller task or quantities to permit maximum participation by small and minority businesses, and women’s business enterprises;

4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises;

5. Using the services and assistance as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.

6. Nothing in this provision will be construed to require the utilization of any firm that is either unqualified or unavailable. The Small Business Administration (SBA) is the primary reference and database for information on requirements related to Federal Subcontracting https://www.sba.gov/federal-contracting/contracting-guide/primesubcontracting NOTE: The term DBE as used in this solicitation is understood to encompass all programs/business enterprises such as: Small Disadvantaged Business (SDB), Historically Underutilized Business (HUB), Minority Owned Business Enterprise (MBE), Women Owned Business Enterprise (WBE) and Disabled Veteran Business Enterprise (DVBE) or other designation as issued by a certifying agency.

Contractor agrees to work with and assist HGACBuy customer in meeting any DBE targets and goals, as may be required by any rules, processes, or programs they might have in place. Assistance may include compliance with reporting requirements, provision of documentation, consideration of Certified/Listed subcontractors, provision of documented evidence that an active participatory role for a DBE entity was DocuSign Envelope ID: FCBA4C6B-FD81-45AC-B6ED-955241028BDA ATTACHMENT 1
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considered in a procurement transaction, etc.

ARTICLE 8: SCOPE OF SERVICES
The services to be performed by the Contractor are outlined in an Attachment to this Master Agreement.

ARTICLE 9: PERFORMANCE PERIOD
This Master Agreement shall be performed during the period which begins Oct 01 2023 and ends Sep 30 2027. All services under this Master Agreement must be rendered within this performance period, unless directly specified under a written change or extension provisioned under Article 21, which shall be fully executed by both parties to this Master Agreement.

ARTICLE 10: PAYMENT OR FUNDING
Payment provisions under this Master Agreement are outlined in the Special Provisions. H-GAC will not pay for any expenses incurred prior to the execution date of a contract, or any expenses incurred after the termination date of the contract.

ARTICLE 11: PAYMENT FOR WORK
The H-GAC Customer is responsible for making payment to the Contractor upon delivery and acceptance of the goods or completion of the services and submission of the subsequent invoice.

ARTICLE 12: PAYMENT TERMS/PRE-PAYMENT/QUANTITY DISCOUNTS If discounts for accelerated payment, pre-payment, progress payment, or quantity discounts are offered, they must be clearly indicated in the Contractor’s submission prior to contract award. The applicability or acceptance of these terms is at the discretion of the Customer.

ARTICLE 13: REPORTING REQUIREMENTS
If the Contractor fails to submit to H-GAC in a timely and satisfactory manner any report required by this Master Agreement, or otherwise fails to satisfactorily render performances hereunder, H-GAC may terminate this Master Agreement with notice as identified in Article 29 of these General Provisions. H-GAC has final determination of the adequacy of performance and reporting by Contractor. Termination of this Master Agreement for failure to perform may affect Contractor’s ability to participate in future opportunities with H-GAC. The Contractor's failure to timely submit any report may also be considered cause for termination of this Master Agreement. Any additional reporting requirements shall be set forth in the Special Provisions of this Master Agreement.

ARTICLE 14: INSURANCE
Contractor shall maintain insurance coverage for work performed or services rendered under this Master Agreement as outlined and defined in the attached Special Provisions.

ARTICLE 15: SUBCONTRACTS AND ASSIGNMENTS
Except as may be set forth in the Special Provisions, the Contractor agrees not to assign, transfer, convey, sublet, or otherwise dispose of this Master Agreement or any right, title, obligation, or interest it may have therein to any third party without prior written approval of H-GAC. The Contractor acknowledges that H-GAC is not liable to any subcontractor or assignee of the Contractor. The Contractor shall ensure that the performance rendered under all subcontracts shall result in compliance with all the terms and provisions of this Master Agreement as if the performance rendered was rendered by the Contractor. Contractor shall give all required notices, and comply with all laws and regulations applicable to furnishing and performance of the work. Except where otherwise expressly required by applicable law or regulation, H-GAC shall not be responsible for monitoring Contractor's compliance, or that of Contractor’s subcontractors, with any laws or regulations.

ARTICLE 16: AUDIT
Notwithstanding any other audit requirement, H-GAC reserves the right to conduct or cause to be conducted an independent audit of any transaction under this Master Agreement, such audit may be performed by the H-GAC local government audit staff, a certified public accountant firm, or other auditors designated by H-GAC and will be DocuSign Envelope ID: FCBA4C6B-FD81-45AC-B6ED-955241028BDA ATTACHMENT 1
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conducted in accordance with applicable professional standards and practices. The Contractor understands and agrees that the Contractor shall be liable to the H-GAC for any findings that result in monetary obligations to HGAC.

ARTICLE 17: TAX EXEMPT STATUS
H-GAC and Customer members are either units of government or qualified non-profit agencies, and are generally exempt from Federal and State sales, excise or use taxes. Respondent must not include taxes in its Response. It is the responsibility of Contractor to determine the applicability of any taxes to an order and act accordingly.

Exemption certificates will be provided upon request.

ARTICLE 18: EXAMINATION OF RECORDS
The Contractor shall maintain during the course of the work complete and accurate records of all of the Contractor's costs and documentation of items which are chargeable to H-GAC under this Master Agreement. HGAC, through its staff or designated public accounting firm, the State of Texas, and United States Government, shall have the right at any reasonable time to inspect, copy and audit those records on or off the premises by authorized representatives of its own or any public accounting firm selected by H-GAC. The right of access to records is not limited to the required retention period, but shall last as long as the records are retained. Failure to provide access to records may be cause for termination of the Master Agreement. The records to be thus maintained and retained by the Contractor shall include (without limitation): (1) personnel and payroll records, including social security numbers and labor classifications, accounting for total time distribution of the Contractor's employees working full or part time on the work, as well as cancelled payroll checks, signed receipts for payroll payments in cash, or other evidence of disbursement of payroll payments; (2) invoices for purchases, receiving and issuing documents, and all other unit inventory records for the Contractor's stocks or capital items; and (3) paid invoices and cancelled checks for materials purchased and for subcontractors' and any other third parties' charges.

Contractor agrees that H-GAC will have the right, with reasonable notice, to inspect its records pertaining to purchase orders processed and the accuracy of the fees payable to H-GAC. The Contractor further agrees that the examination of records outlined in this article shall be included in all subcontractor or third-party Master Agreements.

ARTICLE 19: RETENTION OF RECORDS
The Contractor and its subcontractors shall maintain all records pertinent to this Master Agreement, and all other financial, statistical, property, participant records, and supporting documentation for a period of no less than seven (7) years from the later of the date of acceptance of the final payment or until all audit findings have been resolved.

If any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the retention period, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the seven (7) years, whichever is later, and until any outstanding litigation, audit, or claim has been fully resolved.

ARTICLE 20: DISTRIBUTORS, VENDORS, RESELLERS
Contractor agrees and acknowledges that any such designations of distributors, vendors, resellers or the like are for the convenience of the Contractor only and the awarded Contractor will remain responsible and liable for all obligations under the Contract and the performance of any designated distributor, vendor, reseller, etc. Contractor is also responsible for receiving and processing any Customer purchase order in accordance with the Contract and forwarding of the Purchase Order to the designated distributor, vendor, reseller, etc. to complete the sale or service.

H-GAC reserves the right to reject any entity acting on the Contractor’s behalf or refuse to add entities after a contract is awarded.

ARTICLE 21: CHANGE ORDERS AND AMENDMENTS
A. Any alterations, additions, or deletions to the terms of this Master Agreement, which are required by changes in federal or state law or by regulations, are automatically incorporated without written amendment hereto, and shall become effective on the date designated by such law or by regulation.

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B. To ensure the legal and effective performance of this Master Agreement, both parties agree that any amendment that affects the performance under this Master Agreement must be mutually agreed upon and that all such amendments must be in writing. After a period of no less than 30 days subsequent to written notice, unless sooner implementation is required by law, such amendments shall have the effect of qualifying the terms of this Master Agreement and shall be binding upon the parties as if written herein.

C. Customers have the right to issue a change order to any purchase orders issued to the Contractor for the purposes of clarification or inclusion of additional specifications, qualifications, conditions, etc. The change order must be in writing and agreed upon by Contractor and the Customer agency prior to issuance of any Change Order. A copy of the Change Order must be provided by the Contractor to, and acknowledged by, H-GAC.

ARTICLE 22: CONTRACT ITEM CHANGES
A. If a manufacturer discontinues a contracted item, that item will automatically be considered deleted from the contract with no penalty to Contractor. However, H-GAC may at its sole discretion elect to make a contract award to the next lowest Respondent for the item, or take any other action deemed by H-GAC, at its sole discretion, to be in the best interests of its Customers.

B. If a manufacturer makes any kind of change in a contracted item which affects the contract price, Contractor must advise H-GAC of the details. H-GAC may allow or reject the change at its sole discretion.

If the change is rejected, H-GAC will remove the item from its program and there will be no penalty to Contractor. However, H- GAC may at its sole discretion elect to make a contract award to the next lowest Respondent for the item, or take any other action deemed by H-GAC, at its sole discretion, to be in the best interests of its Customers.

C. If a manufacturer makes any change in a contracted item which does not affect the contract price, Contractor shall advise H-GAC of the details. If the 'new' item is equal to or better than the originally contracted item, the 'new' item shall be approved as a replacement. If the change is rejected H-GAC will remove the item from its program and there will be no penalty to Contractor. However, H-GAC may at its sole discretion elect to make a contract award to the next lowest Respondent for the item or may take any other action deemed by H-GAC at its sole discretion, to be in the best interests of its Customers.

D. In the case of specifically identified catalogs or price sheets which have been contracted as base bid items or as published options, routine published changes to products and pricing will be automatically incorporated into the contract. However, Contractor must still provide written notice and an explanation of the changes to products and pricing. H-GAC will respond with written approval.

ARTICLE 23: CONTRACT PRICE ADJUSTMENTS
Price Decreases
If Contractor’s Direct Cost decreases at any time during the full term of this award, Contractor must immediately pass the decrease on to H-GAC and lower its prices by the amount of the decrease in Direct Cost. (Direct Cost means Contractor’s cost from the manufacturer of any item or if Contractor is the manufacturer, the cost of raw materials required to manufacture the item, plus costs of transportation from manufacturer to Contractor and Contractor to H-GAC. Contractor must notify H-GAC of price decreases in the same way as for price increases set out below. The price decrease shall become effective upon H-GAC’s receipt of Contractor’s notice. If Contractor routinely offers discounted contract pricing, H-GAC may request Contractor accept amended contract pricing equivalent to the routinely discounted pricing.

Price Increase
Contractors may request a price increase for items priced as Base Bid items and Published Options. The amount of any increase will not exceed actual documented increase in Contractor’s Direct Cost and will not exceed 10% of DocuSign Envelope ID: FCBA4C6B-FD81-45AC-B6ED-955241028BDA ATTACHMENT 1
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the previous bid price. Considerations on the percentage limit will be given if the price increase is the result of increased tariff charges or other governmental actions, or other economic factors. Manufacturer price/contract changes involving the sale of motor vehicles will be considered and may be allowed during the entire contract period subject to submission and verification of the proper documentation required for a contract change as referenced in this section.

Price Changes
Any permanent increase or decrease in offered pricing for a base contract item or published option is considered a price change. Temporary increases in pricing by whatever name (e.g., ‘surcharge’, ‘adjustment’, ‘equalization charge’, ‘compliance charge’, ‘recovery charge’, etc.), are also considered to be price changes.

For published catalogs and price sheets as part of an H-GAC contract, requests to amend the contract to reflect any new published catalog or price sheet must be submitted whenever the manufacturer publishes a new document.

The request must include the new catalog or price sheet. All Products shall, at time of sale, be equipped as required under any then current applicable local, state, and federal government requirements. If, during any contract, changes are made to any government requirements which cause a manufacturer's costs of production to increase, Contractor may increase pricing to the extent of Contractor’s actual cost increase. The increase must be substantiated with support documentation acceptable to H-GAC prior to taking effect. Modifications to a Product required to comply with such requirements which become effective after the date of any sale are the responsibility of the Customer.

Requesting Price Increase/Required Documentation
Contractor must submit a written overview of changes requested and reasons for the request, stating the amount of the increase, along with an itemized list of any increased prices, showing the Contractor’s current price, revised price, the actual dollar difference and the percentage of the price increase by line item. Price change requests must be supported with substantive documentation (e.g., notices from suppliers and manufacturers of pricing changes in products, components, transportation, raw materials or commodities, and/or product availability, copies of invoices from suppliers, etc.) clearly showing that Contractor's actual costs have increased per the applicable line-item bid.

The Producer Price Index (PPI) may be used as partial justification, subject to approval by H-GAC, but no price increase based solely on an increase in the PPI will be allowed. This documentation should be submitted in Excel format to facilitate analysis and updating of the website. The letter and documentation must be sent to Lead Program Coordinator, [email protected].

Review/Approval of Requests
If H-GAC approves the price increase, Contractor will be notified in writing; no price increase will be effective until Contractor receives this notice. If H-GAC does not approve Contractor’s price increase, Contractor may terminate its performance upon sixty (60) days advance written notice to H-GAC, however Contractor must fulfill any outstanding Purchase Orders. Termination of performance is Contractor’s only remedy if H-GAC does not approve the price increase. H-GAC reserves the right to accept or reject any price change request.

ARTICLE 24: DELIVERIES AND SHIPPING TERMS
The Contractor agrees to make deliveries only upon receipt of authorized Customer Purchase Order acknowledged by H-GAC. Delivery made without such Purchase Order will be at Contractor’s risk and will leave H-GAC the option of canceling any contract awarded to the Contractor. The Contractor must secure and deliver any item within five (5) working days, or as agreed to on any corresponding customer Purchase Order.

Shipping must be Freight On Board Destination to the delivery location designated on the Customer purchase order. The Contractor will retain title and control of all goods until delivery is completed and the Customer has accepted the delivery. All risk of transportation and all related charges are the responsibility of the Contractor. The Customer will notify the Contractor and H-GAC promptly of any damaged goods and will assist the Contractor in arranging for inspection. The Contractor must file all claims for visible or concealed damage. Unless otherwise stated in the Master Agreement, deliveries must consist only of new and unused merchandise.

ARTICLE 25: RESTOCKING (EXCHANGES AND RETURNS)
There will be no restocking charge to the Customer for return or exchange of any item purchased under the terms of any award. If the Customer wishes to return items purchased under an awarded contract, the Contractor agrees DocuSign Envelope ID: FCBA4C6B-FD81-45AC-B6ED-955241028BDA ATTACHMENT 1
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to exchange, these items for other items, with no additional charge incurred. Items must be returned to Contractor within thirty (30) days from date of delivery. If there is a difference in price in the items exchanged, the Contractor must notify H-GAC and invoice Customer for increase price or provide the Customer with a credit or refund for any decrease in price per Customer’s preference. On items returned, a credit or cash refund will be issued by the Contractor to Customer. This return and exchange option will extend for thirty (30) days following the expiration of the term of the Contract. All items returned by the Customer must be unused and in the same merchantable condition as when received. Items that are special ordered may be returned only upon approval of the Contractor.

ARTICLE 26: MANUALS
Each product delivered under contract to any Customer must be delivered with at least one (1) copy of a safety and operating manual and any other technical or maintenance manual. The cost of the manual(s) must be included in the price for the Product offered.

ARTICLE 27: OUT OF STOCK, PRODUCT RECALLS, AND DISCONTINUED PRODUCTS H-GAC does NOT purchase the products sold pursuant to a Solicitation or Master Agreement. Contractor is responsible for ensuring that notices and mailings, such as Out of Stock or Discontinued Notices, Safety Alerts, Safety Recall Notices, and customer surveys, are sent directly to the Customer with a copy sent to H-GAC.

Customer will have the option of accepting any equivalent product or canceling the item from Customer’s Purchase Order. Contractor is not authorized to make substitutions without prior approval.

ARTICLE 28: WARRANTIES, SALES, AND SERVICE
Warranties must be the manufacturer's standard and inclusive of any other warranty requirements stated in the Master Agreement; any warranties offered by a dealer will be in addition to the manufacturer’s standard warranty and will not be a substitute for such. Pricing for any product must be inclusive of the standard warranty.

Contractor is responsible for the execution and effectiveness of all product warranty requests and any claims, Contractor agrees to respond directly to correct warranty claims and to ensure reconciliation of warranty claims that have been assigned to a third party.

ARTICLE 29: TERMINATION PROCEDURES
The Contractor acknowledges that this Master Agreement may be terminated for Convenience or Default.

H-GAC will not pay for any expenses incurred after the termination date of the contract.

A. Convenience
H-GAC may terminate this Master Agreement at any time, in whole or in part, with or without cause, whenever H-GAC determines that for any reason such termination is in the best interest of H-GAC, by providing written notice by certified mail to the Contractor. Upon receipt of notice of termination, all services hereunder of the Contractor and its employees and subcontractors shall cease to the extent specified in the notice of termination.

The Contractor may cancel or terminate this Master Agreement upon submission of thirty (30) days written notice, presented to H-GAC via certified mail. The Contractor may not give notice of cancellation after it has received notice of default from H-GAC.

B. Default
H-GAC may, by written notice of default to the Contractor, terminate the whole or any part of the Master Agreement, in any one of the following circumstances:
(1) If the Contractor fails to perform the services herein specified within the time specified herein or any extension thereof; or
(2) If the Contractor fails to perform any of the other provisions of this Master Agreement for any reason whatsoever, or so fails to make progress or otherwise violates the Master Agreements that completion of services herein specified within the Master Agreement term is significantly endangered, and in either of these two instances does not cure such failure within a period of ten (10) days (or such longer period of time as may be authorized by H-GAC in writing) after receiving written notice by certified mail of default from H-GAC.

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(3) In the event of such termination, Contractor will notify H-GAC of any outstanding Purchase Orders and H-GAC will consult with the End User and notify the Contractor to what extent the End User wishes the Contractor to complete the Purchase Order. If Contractor is unable to do so, Contractor may be subject to a claim for damages from H-GAC and/or the End User.

ARTICLE 30: SEVERABILITY
H-GAC and Contractor agree that should any provision of this Master Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Master Agreement, which shall continue in full force and effect.

ARTICLE 31: FORCE MAJEURE
To the extent that either party to this Master Agreement shall be wholly or partially prevented from the performance of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the party's control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed. Determination of force majeure shall rest solely with H-GAC.

ARTICLE 32: CONFLICT OF INTEREST
No officer, member or employee of the Contractor or Contractors subcontractor, no member of the governing body of the Contractor, and no other public officials of the Contractor who exercise any functions or responsibilities in the review or Contractor approval of this Master Agreement, shall participate in any decision relating to this Master Agreement which affects his or her personal interest, or shall have any personal or pecuniary interest, direct or indirect, in this Master Agreement.

A. Conflict of Interest Questionnaire: Chapter 176 of the Texas Local Government Code requires contractors contracting or seeking to contract with H-GAC to file a conflict-of-interest questionnaire (CIQ) if they have an employment or other business relationship with an H-GAC officer or an officer’s close family member.

The required questionnaire and instructions are located on the H-GAC website or at the Texas Ethics Commission website https://www.ethics.state.tx.us/forms/CIQ.pdf. H-GAC officers include its Board of Directors and Executive Director, who are listed on this website. Respondent must complete and file a CIQ with the Texas Ethics Commission if an employment or business relationship with H-GAC office or an officer’s close family member as defined in the law exists.

B. Certificate of Interested Parties Form – Form 1295: As required by Section 2252.908 of the Texas Government Code. H-GAC will not enter a Contract with Contractor unless (i) the Contractor submits a disclosure of interested parties form to H-GAC at the time the Contractor submits the contract H-GAC, or (ii) the Contractor is exempt from such requirement. The required form and instructions are located at the Texas Ethics Commission website https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm.

Respondents who are awarded a Contract must submit their Form 1295 with the signed Contract to H-GAC.

ARTICLE 33: FEDERAL COMPLIANCE
Contractor agrees to comply with all federal statutes relating to nondiscrimination, labor standards, and environmental compliance. With regards to “Rights to Inventions Made Under a Contract or Master Agreement,” If the Federal award meets the definition of “funding Master Agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding Master Agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Master Agreements,” and any implementing regulations issued by the awarding agency. Contractor agrees to be wholly compliant with the provisions of 2 CFR 200, Appendix II.

Additionally, for work to be performed under the Master Agreement or subcontract thereof, including procurement of materials or leases of equipment, Contractor shall notify each potential subcontractor or supplier of the Contractor's federal compliance obligations. These may include, but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) DocuSign Envelope ID: FCBA4C6B-FD81-45AC-B6ED-955241028BDA ATTACHMENT 1
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Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) the Fair Labor Standards Act of 1938 (29 USC 676 et. seq.), (d) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps and the Americans with Disabilities Act of 1990; (e) the Age Discrimination in Employment Act of 1967 (29 USC 621 et. seq.) and the Age Discrimination Act of 1974, as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (f) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92- 255), as amended, relating to nondiscrimination on the basis of drug abuse; (g) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (h) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (i) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (j) any other nondiscrimination provisions in any specific statute(s) applicable to any Federal funding for this Master Agreement; (k) the requirements of any other nondiscrimination statute(s) which may apply to this Master Agreement; (l) applicable provisions of the Clean Air Act (42 U.S.C. §7401 et seq.), the Federal Water Pollution Control Act, as amended (33 U.S.C. §1251 et seq.), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the Environmental Protection Agency regulations at 40 CPR Part 15; (m) applicable provisions of the Davis- Bacon Act (40 U.S.C. 276a - 276a7), the Copeland Act (40 U.S.C. 276c), and the Contract Work Hours and Safety Standards Act (40 U.S.C. 327- 332), as set forth in Department of Labor Regulations at 20 CPR 5.5a; (n) the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-163).

ARTICLE 34: PROHIBITION ON CONTRACTING WITH ENTITIES USING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT (EFFECTIVE AUG. 13, 2020 AND AS AMENDED OCTOBER 26, 2020)
Pursuant to 2 CFR 200.216, Contractor shall not offer equipment, services, or system that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Covered telecommunications equipment or services means 1) telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); 2) for the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); 3) telecommunications or video surveillance services provided by such entities or using such equipment; or 4) telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. Respondent must comply with requirements for certifications. The provision at 48 C.F.R Section 52.204-26 requires that offerors review SAM prior to completing their required representations. This rule applies to all acquisitions, including acquisitions at or below the simplified acquisition threshold and to acquisitions of commercial items, including commercially available off the-shelf items.

ARTICLE 35: DOMESTIC PREFERENCE
In accordance with 2 CFR 200.322, as appropriate and to the extent consistent with law, when using federal grant award funds H-GAC should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). H-GAC must include this requirement in all subawards including all contracts and purchase orders for work or products under the federal grant award. If Contractor intends to qualify for Purchase Orders using federal grant money, then it shall work with H-GAC to provide all required certifications and other documentation needed to show compliance.

ARTICLE 36: CRIMINAL PROVISIONS AND SANCTIONS
The Contractor agrees to perform the Master Agreement in conformance with safeguards against fraud and abuse as set forth by the H-GAC, the State of Texas, and the acts and regulations of any related state or federal agency.

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through the filing of a written report within twenty-four (24) hours of knowledge thereof. Contractor shall notify H-GAC of any accident or incident requiring medical attention arising from its activities under this Master Agreement within twenty-four (24) hours of such occurrence. Theft or willful damage to property on loan to the Contractor from H-GAC, if any, shall be reported to local law enforcement agencies and H-GAC within two (2) hours of discovery of any such act.

The Contractor further agrees to cooperate fully with H-GAC, local law enforcement agencies, the State of Texas, the Federal Bureau of Investigation, and any other duly authorized investigative unit, in carrying out a full investigation of all such incidents.

The Contractor shall notify H-GAC of the threat of lawsuit or of any actual suit filed against the Contractor pertaining to this Master Agreement or which would adversely affect the Contractor’s ability to perform services under this Master Agreement.

ARTICLE 37: INDEMNIFICATION AND RECOVERY
H-GAC’s liability under this Master Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, is limited to its order processing charge. In no event will H-GAC be liable for any loss of use, loss of time, inconvenience, commercial loss, lost profits, or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law. Contractor agrees, to the extent permitted by law, to defend and hold harmless H-GAC, its board members, officers, agents, officials, employees, and indemnities from any and all claims, costs, expenses (including reasonable attorney fees), actions, causes of action, judgements, and liens arising as a result of Contractor’s negligent act or omission under this Master Agreement. Contractor shall notify H-GAC of the threat of lawsuit or of any actual suit filed against Contractor relating to this Master Agreement.

ARTICLE 38: LIMITATION OF CONTRACTOR’S LIABILITY
Except as specified in any separate writing between the Contractor and an END USER, Contractor’s total liability under this Master Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, but excluding its obligation to indemnify H-GAC, is limited to the price of the particular products/services sold hereunder, and Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted. In no event will Contractor be liable for any loss of use, loss of time, inconvenience, commercial loss, loss of profits or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law. Contractor understands and agrees that it shall be liable to repay and shall repay upon demand to END USER any amounts determined by H-GAC, its independent auditors, or any agency of State or Federal government to have been paid in violation of the terms of this Master Agreement.

ARTICLE 39: TITLES NOT RESTRICTIVE
The titles assigned to the various Articles of this Master Agreement are for convenience only. Titles shall not be considered restrictive of the subject matter of any Article, or part of this Master Agreement.

ARTICLE 40: JOINT WORK PRODUCT
This Master Agreement is the joint work product of H-GAC and the Contractor. This Master Agreement has been negotiated by H-GAC and the Contractor and their respective counsel and shall be fairly interpreted in accordance with its terms and, in the event of any ambiguities, no inferences shall be drawn against any party.

ARTICLE 41: PROCUREMENT OF RECOVERED MATERIAL
H-GAC and the Respondent must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include: (1) procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; (2) procuring solid waste management services in a manner that maximizes energy and resource recovery; and (3) establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Pursuant to the Federal Rule above, as required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6962(c)(3)(A)(i)), Respondent DocuSign Envelope ID: FCBA4C6B-FD81-45AC-B6ED-955241028BDA ATTACHMENT 1
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certifies that the percentage of recovered materials content for EPA-designated items to be delivered or used in the performance of the Contract will be at least the amount required by the applicable contract specifications or other contractual requirements.

ARTICLE 42: COPELAND “ANTI-KICKBACK” ACT
Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into the contract. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as appropriate agency instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. A breach of the contract clauses above may be grounds for termination of the Contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.

ARTICLE 43: DISCRIMINATION
Respondent and any potential subcontractors shall comply with all Federal statutes relating to nondiscrimination.

These include, but are not limited to:
a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color, or national origin;
b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex;
c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps;
d) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101- 6107), which prohibits discrimination on the basis of age;
e) The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse;
f) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism;
g) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental, or financing of housing; i) Any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and
j) The requirements of any other nondiscrimination statute(s) that may apply to the application.

ARTICLE 44: DRUG FREE WORKPLACE
Contractor must provide a drug-free workplace in accordance with the Drug-Free Workplace Act, as applicable.

For the purposes of this Section, “drug-free” means a worksite at which employees are prohibited from engaging in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance. H-GAC may request a copy of this policy.

ARTICLE 45: APPLICABILITY TO SUBCONTRACTORS
Respondent agrees that all contracts it awards pursuant to the contract awarded as a result of this Master Agreement will be bound by the foregoing terms and conditions.

ARTICLE 46: WARRANTY AND COPYRIGHT
Submissions must include all warranty information, including items covered, items excluded, duration, and renewability. Submissions must include proof of licensing if using third party code for programming.

ARTICLE 47: DATA HANDLING AND SECURITY
It will always be the responsibility of the selected Contractor to manage data transfer and to secure all data appropriately during the project to prevent unauthorized access to all data, products, and deliverables.

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ARTICLE 48: DISPUTES
All disputes concerning questions of fact or of law arising under this Master Agreement, which are not addressed within the Whole Master Agreement as defined pursuant to Article 4 hereof, shall be decided by the Executive Director of H-GAC or his designee, who shall reduce his decision to writing and provide notice thereof to the Contractor. The decision of the Executive Director or his designee shall be final and conclusive unless, within thirty (30) days from the date of receipt of such notice, the Contractor requests a rehearing from the Executive Director of H-GAC. In connection with any rehearing under this Article, the Contractor shall be afforded an opportunity to be heard and offer evidence in support of its position. The decision of the Executive Director after any such rehearing shall be final and conclusive. The Contractor may, if it elects to do so, appeal the final and conclusive decision of the Executive Director to a court of competent jurisdiction. Pending final decision of a dispute hereunder, the Contractor shall proceed diligently with the performance of the Master Agreement and in accordance with H-GAC's final decision.

ARTICLE 49: CHOICE OF LAW: VENUE
This Master Agreement shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under or in connection with the Master Agreement shall lie exclusively in Harris County, Texas. Disputes between END USER and Contractor are to be resolved in accordance with the law and venue rules of the state of purchase. Contractor shall immediately notify H-GAC of such disputes.

ARTICLE 50: ORDER OF PRIORITY
In the case of any conflict between or within this Master Agreement, the following order of priority shall be utilized: 1) General Provisions, 2) Special Provisions, 3) Scope of Work, and 4) Other Attachments.

ARTICLE 51: WHOLE MASTER AGREEMENT
Please note, this is an H-GAC Master Agreement template and is used for all products and services offered in H-GAC Cooperative Purchasing. Any redlines to this Master Agreement may not be reviewed. If this Master Agreement has not been signed by the Contractor within 30 calendar days, this Master Agreement will be automatically voided. The Master General Provisions, Master Special Provisions, and Attachments, as provided herein, constitute the complete Master Agreement between the parties hereto, and supersede any and all oral and written Master Agreements between the parties relating to matters herein. Except as otherwise provided herein, this Master Agreement cannot be modified without written consent of the parties.

ARTICLE 52: UNIVERSAL IDENTIFIER AND SYSTEM FOR AWARD MANAGEMENT (SAM) In accordance with 2 CFR Title 2, Subtitle A, Chapter I, Part 25 as it applies to a Federal awarding agency's grants, cooperative agreements, loans, and other types of Federal financial assistance as defined in 2 CFR 25.406.

Contractor understands and as it relates to 2 CFR 25.205(a), a Federal awarding agency may not make a Federal award or financial modification to an existing Federal award to an applicant or recipient until the entity has complied with the requirements described in 2 CFR 25.200 to provide a valid unique entity identifier and maintain an active SAM registration (www.SAM.gov) with current information (other than any requirement that is not applicable because the entity is exempted under § 25.110). 2 CFR 25.200(b) requires that registration in the SAM prior to submitting an application or plan; and maintain an active SAM registration with current information, including information on a recipient's immediate and highest level owner and subsidiaries, as well as on all predecessors that have been awarded a Federal contract or grant within the last three years, if applicable, at all times during which it has an active Federal award or an application or plan under consideration by a Federal awarding agency; and provide its unique entity identifier in each application or plan it submits to the Federal awarding agency. To remain registered in the SAM database after the initial registration, the applicant is required to review and update its information in the SAM database on an annual basis from the date of initial registration or subsequent updates to ensure it is current, accurate and complete. At the time a Federal awarding agency is ready to make a Federal award, if the intended recipient has not complied with an applicable requirement to provide a unique entity identifier or maintain an active SAM registration with current information, the Federal awarding agency: (1) May determine that the applicant is not qualified to receive a Federal award; and (2) May use that determination as a basis for making a Federal award to another applicant.

ARTICLE 53: PROCUREMENT OF RECOVERED MATERIALS
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In accordance with 2 CFR 200.323, the Houston-Galveston Area Council and the Contractor or Subrecipient must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include: (1) procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; (2) procuring solid waste management services in a manner that maximizes energy and resource recovery; and (3) establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Pursuant to the Federal Rule above, as required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6962(c)(3)(A)(i)), the Contractor or Subrecipient certifies that the percentage of recovered materials content for EPA-designated items to be delivered or used in the performance of the Agreement will be at least the amount required by the applicable contract specifications or other contractual requirements.

SIGNATURES:

H-GAC and the Contractor have read, agreed, and executed the whole Master Agreement as of the date first written above, as accepted by:

Lenco Industries, Inc.

Signature $docusign:SignHere::Customer1
Name Rob Weisberger

Title Contracting & Sales Admin Spec.

Date $docusign:DateSigned::Customer1
H-GAC
Signature $docusign:SignHere::InternalSigner
Name Chuck Wemple
Title Executive Director
Date $docusign:DateSigned::InternalSigner
DocuSign Envelope ID: FCBA4C6B-FD81-45AC-B6ED-955241028BDA 10/18/2023 10/23/2023
ATTACHMENT 1
310
H-GAC
Houston-Galveston Area Council
P.O. Box 22777 · 3555 Timmons · Houston, Texas 77227-2777 Cooperative Agreement - Contract - Lenco Industries, Inc. - Public Services - ID: 11110

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MASTER SPECIAL PROVISIONS
Please note, this is an H-GAC Master Agreement template and is used for all products and services offered in H-GAC Cooperative Purchasing. Any redlines to this Master Agreement may not be reviewed.

Incorporated by attachment, as part of the whole Master Agreement, H-GAC and the Contractor do, hereby agree to the Master Special Provisions as follows:

ARTICLE 1: BIDS/PROPOSALS INCORPORATED
In addition to the whole Master Agreement, the following documents listed in order of priority are incorporated into the Master Agreement by reference: Bid/Proposal Specifications and Contractor’s Response to the Bid/Proposal.

ARTICLE 2: END USER MASTER AGREEMENTS (“EUA”)
H-GAC acknowledges that the END USER, which is the HGACBuy customer utilizing the contract (CUSTOMER and END USER may be used interchangeably) may choose to enter into an End User Master Agreement (EUA) with the Contractor through this Master Agreement. A CUSTOMER/END USER is a state agency, county, municipality, special district, or other political subdivision of a state, or a qualifying non-profit corporation (providing one or more governmental function or service that possess legal authority to enter into the Contract. The term of the EUA may exceed the term of the current H-GAC Master Agreement.

H-GAC’s acknowledgement is not an endorsement or approval of the End User Master Agreement’s terms and conditions. Contractor agrees not to offer, agree to or accept from the CUSTOMER/END USER, any terms or conditions that conflict with those in Contractor’s Master Agreement with H-GAC. Contractor affirms that termination of its Master Agreement with H-GAC for any reason shall not result in the termination of any underlying EUA, which shall in each instance, continue pursuant to the EUA’s stated terms and duration.

Pursuant to the terms of this Master Agreement, termination of this Master Agreement will disallow the Contractor from entering into any new EUA with CUSTOMER/END USER. Applicable H-GAC order processing charges will be due and payable to H-GAC on any EUAs, surviving termination of this Master Agreement between H-GAC and Contractor.

ARTICLE 3: MOST FAVORED CUSTOMER CLAUSE
Contractor shall provide its most favorable pricing and terms to H-GAC. If at any time during this Master Agreement, Contractor develops a regularly followed standard procedure of entering into Master Agreements with other governmental customers within the State of Texas, and offers the same or substantially the same products/services offered to H-GAC on a basis that provides prices, warranties, benefits, and or terms more favorable than those provided to H-GAC, Contractor shall notify H-GAC within ten (10) business days thereafter, and this Master Agreement shall be deemed to be automatically retroactively amended, to the effective date of Contractor’s most favorable past Master Agreement with another entity. Contractor shall provide the same prices, warranties, benefits, or terms to H-GAC and its CUSTOMER/END USER as provided in its most favorable past Master Agreement. H-GAC shall have the right and option at any time to decline to accept any such change, in which case the amendment shall be deemed null and void. If Contractor claims that a more favorable price, warranty, benefit, or term that was charged or offered to another entity during the term of this Master Agreement, does not constitute more favorable treatment, than Contractor shall, within ten (10) business days, notify H-GAC in writing, setting forth the detailed reasons Contractor believes the aforesaid DocuSign Envelope ID: FCBA4C6B-FD81-45AC-B6ED-955241028BDA ATTACHMENT 1
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offer is not in fact most favored treatment. H-GAC, after due consideration of Contractor’s written explanation, may decline to accept such explanation and thereupon this Master Agreement between H-GAC and Contractor shall be automatically amended, effective retroactively, to the effective date of the most favored Master Agreement, to provide the same prices, warranties, benefits, or terms to H-GAC and the CUSTOMER/END USER.

EXCEPTION: This clause shall not be applicable to prices and price adjustments offered by a bidder, proposer, or contractor, which are not within bidder's/proposer’s control [example; a manufacturer's bid concession], or to any prices offered to the Federal Government and its agencies.

ARTICLE 4: PARTY LIABILITY
Contractor’s total liability under this Master Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, is limited to the price of the particular products/services sold hereunder.

Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted.

Contractor accepts liability to repay, and shall repay upon demand to CUSTOMER/END USER, any amounts determined by H-GAC, its independent auditors, or any state or federal agency, to have been paid in violation of the terms of this Master Agreement.

ARTICLE 5: GOVERNING LAW & VENUE
Contractor and H-GAC agree that Contractor will make every reasonable effort to resolve disputes with the CUSTOMER/END USER in accord with the law and venue rules of the state of purchase. Contractor shall immediately notify H-GAC of such disputes.

ARTICLE 6: SALES AND ORDER PROCESSING CHARGE
Contractor shall sell its products to CUSTOMER/END USER based on the pricing and terms of this Master Agreement. H-GAC will invoice Contractor for the applicable order processing charge when H-GAC receives notification of a CUSTOMER/END USER order. Contractor shall remit to H-GAC the full amount of the applicable order processing charge, after delivery of any product or service and subsequent CUSTOMER/END USER acceptance. Payment of the Order Processing Charge shall be remitted from Contractor to H-GAC, within thirty (30) calendar days or ten (10) business days after receipt of a CUSTOMER/END USER’s payment, whichever comes first, notwithstanding Contractor’s receipt of invoice. For sales made by Contractor based on this Master Agreement, including sales to entities without Interlocal Master Agreements, Contractor shall pay the applicable order processing charges to H-GAC. Further, Contractor agrees to encourage entities who are not members of H-GAC’s Cooperative Purchasing Program to execute an H-GAC Interlocal Master Agreement. H-GAC reserves the right to take appropriate actions including, but not limited to, Master Agreement termination if Contractor fails to promptly remit the appropriate order processing charge to H-GAC.

In no event shall H-GAC have any liability to Contractor for any goods or services a CUSTOMER/END USER procures from Contractor. At all times, Contractor shall remain liable to pay to H-GAC any order processing charges on any portion of the Master Agreement actually performed, and for which compensation was received by Contractor.

ARTICLE 7: LIQUIDATED DAMAGES
Contractor and H-GAC agree that Contractor shall cooperate with the CUSTOMER/END USER at the time a CUSTOMER/END USER purchase order is placed, to determine terms for any liquidated damages.

ARTICLE 8: INSURANCE
Unless otherwise stipulated in Section B of the Bid/Proposal Specifications, Contractor must have the following insurance and coverage minimums:

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a. General liability insurance with a Single Occurrence limit of at least $1,000,000.00, and a General Aggregate limit of at least two times the Single Occurrence limit. b. Product liability insurance with a Single Occurrence limit of at least $1,000,000.00, and a General Aggregate limit of at least two times the Single Occurrence limit for all Products except Automotive Fire Apparatus. For Automotive Fire Apparatus, see Section B of the Bid/Proposal Specifications. c. Property Damage or Destruction insurance is required for coverage of End User owned equipment while in Contractor's possession, custody, or control. The minimum Single Occurrence limit is $500,000.00 and the General Aggregate limit must be at least two times the Single Occurrence limit. This insurance may be carried in several ways, e.g. under an Inland Marine policy, as art of Automobile coverage, or under a Garage Keepers policy. In any event, this coverage must be specifically and clearly listed on insurance certificate(s) submitted to H-GAC.
d. Insurance coverage shall be in effect for the length of any contract made pursuant to the Bid/Proposal, and for any extensions thereof, plus the number of days/months required to deliver any outstanding order after the close of the contract period.
e. Original Insurance Certificates must be furnished to H-GAC on request, showing Contractor as the insured and showing coverage and limits for the insurances listed above. f. If any Product(s) or Service(s) will be provided by parties other than Contractor, all such parties are required to carry the minimum insurance coverages specified herein, and if requested by H-GAC, a separate insurance certificate must be submitted for each such party. g. H-GAC reserves the right to contact insurance underwriters to confirm policy and certificate issuance and document accuracy.

ARTICLE 9: PERFORMANCE AND PAYMENT BONDS FOR INDIVIDUAL ORDERS H-GAC’s contractual requirements DO NOT include a Performance & Payment Bond (PPB); therefore, Contractor shall offer pricing that reflects this cost savings. Contractor shall remain prepared to offer a PPB to cover any order if so requested by the CUSTOMER/END USER. Contractor shall quote a price to CUSTOMER/END USER for provision of any requested PPB, and agrees to furnish the PPB within ten business (10) days of receipt of CUSTOMER/END USER's purchase order.

ARTICLE 10: ORDER PROCESSING CHARGE
H-GAC will apply an Order Processing Charge for each sale done through the H-GAC contract, with the exception of orders for motor vehicles. Any pricing submitted must include this charge amount per the most current H-GAC schedule. For motor vehicle orders, the Processing Charge is paid by the CUSTOMER/END USER. Contractor will need to refer to the solicitation for the Order Processing Charge.

ARTICLE 11: CHANGE OF STATUS
Contractor shall immediately notify H-GAC, in writing, of ANY change in ownership, control, dealership/franchisee status, Motor Vehicle license status, or name. Contractor shall offer written guidance to advise H-GAC if this Master Agreement shall be affected in any way by such change. H-GAC shall have the right to determine whether or not such change is acceptable, and to determine what action shall be warranted, up to and including cancellation of Master Agreement.

ARTICLE 12: REQUIREMENTS TO APPLICABLE PHYSICAL GOODS
In the case of physical goods (e.g. equipment, material, supplies, as opposed to services), all Products offered must comply with any applicable provisions of the Texas Business and Commerce Code, Title 1, Chapter 2 and with at least the following:

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a. Be new, unused, and not refurbished.
b. Not be a prototype as the general design, operation, and performance. This requirement is NOT meant to preclude the Contractor from offering new models or configurations which incorporate improvements in a current design or add functionality, but in which new model or configuration may be new to the marketplace.
c. Include all accessories which may or may not be specifically mentioned in the Master Agreement, but which are normally furnished or necessary to make the Product ready for its intended use upon delivery.

Such accessories shall be assembled, installed, and adjusted to allow continuous operation of Product at time of delivery.
d. Have assemblies, sub-assemblies and component parts that are standard and interchangeable throughout the entire quantity of a Product as may be purchased simultaneously by any END USER/CUSTOMER. e. Be designed and constructed using current industry accepted engineering and safety practices, and materials.
f. Be available for inspection at any time prior to or after procurement.

ARTICLE 13: TEXAS MOTOR VEHICLE BOARD LICENSING
All Contractors that deal in motor vehicles shall maintain current licenses that are required by the Texas Motor Vehicle Commission Code. If at any time during this Master Agreement term, any required Contractor license is denied, revoked, or not renewed, Contractor shall be in default of this Master Agreement, unless the Texas Motor Vehicle Board issues a stay or waiver. Contractor shall promptly provide copies of all current applicable Texas Motor Vehicle Board documentation to H-GAC upon request.

ARTICLE 14: INSPECTION/TESTING
All Products sold pursuant to this Master Agreement will be subject to inspection/testing by or at the direction of H-GAC and/or the ordering CUSTOMER/END USER, either at the delivery destination or the place of manufacture. In the event a Product fails to meet or exceed all requirements of this Master Agreement, and unless otherwise agreed in advance, the cost of any inspection and/or testing, will be the responsibility of the Contractor.

ARTICLE 15: ADDITIONAL REPORTING REQUIREMENTS
Contractor agrees to submit written quarterly reports to H-GAC detailing all transactions during the previous three (3) month period. Reports must include, but are not limited, to the following information:
a. CUSTOMER/END USER Name
b. Product/Service purchased, including Product Code if applicable c. Customer Purchase Order Number
d. Purchase Order Date
e. Product/Service dollar amount
f. HGACBuy Order Processing Charge amount
ARTICLE 16: BACKGROUND CHECKS
Cooperative customers may request background checks on any awarded contractor’s employees who will have direct contact with students, or for any other reason they so choose, any may require contractor to pay the cost of obtaining any background information requested by the CUSTOMER/END USER.

ARTICLE 17: PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL

CERTIFICATION
As required by Chapter 2271 of the Texas Local Government Code the Contractor must verify that it 1) does not boycott Israel; and 2) will not boycott Israel during the term of the Contract. Pursuant to Section 2271.001, Texas Government Code:

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1. “Boycott Israel” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes; and

2. “Company” means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit.

ARTICLE 18: NO EXCLUDED NATION OR TERRORIST ORGANIZATION CERTIFICATION As required by Chapter 2252 of the Texas Government Code the Contractor must certify that it is not a company engaged in active business operations with Sudan, Iran, or a foreign terrorist organization – specifically, any company identified on a list prepared and maintained by the Texas Comptroller under Texas Government Code §§806.051, 807.051, or 2252.153. (A company that the U.S. Government affirmatively declares to be excluded from its federal sanctions regime relating to Sudan, Iran, or any federal sanctions regime relating to a foreign terrorist organization is not subject to the contract prohibition.) ARTICLE 19: PROHIBITION ON CONTRACTING WITH ENTITIES USING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT (Effective Aug. 13, 2020 and as amended October 26, 2020)
Pursuant to 2 CFR 200.216, Contractor shall not offer equipment, services, or system that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. ‘‘Covered telecommunications equipment or services means 1) telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); 2) for the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); 3) telecommunications or video surveillance services provided by such entities or using such equipment; or 4) telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Contractor must comply with requirements for certifications. The provision at 48 C.F.R Section 52.204-26 requires that Contractors review SAM prior to completing their required representations. This rule applies to all acquisitions, including acquisitions at or below the simplified acquisition threshold and to acquisitions of commercial items, including commercially available off the-shelf items.

ARTICLE 20: BUY AMERICA ACT (National School Lunch Program and Breakfast Program) With respect to products purchased by CUSTOMER/END USER for use in the National School Lunch Program and/or National School Breakfast Program, Contractor shall comply with all federal procurement laws and regulations with respect to such programs, including the Buy American provisions set forth in 7 C.F.R. Part 210.21(d), to the extent applicable. Contractor agrees to provide all certifications required by CUSTOMER/END USER regarding such programs.

In the event Contractor or Contractor’s supplier(s) are unable or unwilling to certify compliance with the Buy American Provision, or the applicability of an exception to the Buy American provision, H-GAC CUSTOMER/END USER may decide not to purchase from Contractor. Additionally, H-GAC DocuSign Envelope ID: FCBA4C6B-FD81-45AC-B6ED-955241028BDA ATTACHMENT 1
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CUSTOMER/END USER may require country of origin on all products and invoices submitted for payment by Contractor, and Contractor agrees to comply with any such requirement.

ARTICLE 21: BUY AMERICA REQUIREMENT (Applies only to Federally Funded Highway and Transit Projects)
With respect to products purchased by CUSTOMER/END USER for use in federally funded highway projects, Contractor shall comply with all federal procurement laws and regulations with respect to such projects, including the Buy American provisions set forth in 23 U.S.C. Section 313, 23 C.F.R. Section 635.410, as amended, and the Steel and Iron Preference provisions of Texas Transportation Code Section 223.045, to the extent applicable. Contractor agrees to provide all certifications required by CUSTOMER/END USER regarding such programs. With respect to products purchased by CUSTOMER/END USER for use in federally funded transit projects, Contractor shall comply with all federal procurement laws and regulations with respect to such projects, including the Buy American provisions set forth in 49 U.S.C. Section 5323(j)(1), 49 C.F.R.

Sections 661.6 or 661.12, to the extent applicable. Contractor agrees to provide all certifications required by CUSTOMER/END USER regarding such programs.

ARTICLE 22: DOMESTIC PREFERENCE
In accordance with 2 CFR 200.322, as appropriate and to the extent consistent with law, a CUSTOMER/END USER using federal grant award funds should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The CUSTOMER/END USER must include this requirement in all subawards including all contracts and purchase orders for work or products under the federal grant award. If Contractor intends to qualify for Purchase Orders using federal grant money, they shall work with the CUSTOMER/END USER to provide all required certifications and other documentation needed to show compliance.

ARTICLE 23: TITLE VI REQUIREMENTS
H-GAC in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any disadvantaged business enterprises will be afforded full and fair opportunity to submit in response to this Master Agreement and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

ARTICLE 24: EQUAL EMPLOYMENT OPPORTUNITY
Except as otherwise provided under 41 CFR Part 60, all Contracts and CUSTOMER/END USER Purchase Orders that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 shall be deemed to include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., pg.339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41CFR Part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause provided under 41 CFR 60-1.4(b) is hereby incorporated by reference. Contractor agrees that such provision applies to any contract that meets the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 and agrees that it will comply with such provision.

ARTICLE 25: CLEAN AIR AND WATER POLLUTION CONTROL ACT
CUSTOMER/END USER Purchase Orders using federal funds must contain a provision that requires the Contractor to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean DocuSign Envelope ID: FCBA4C6B-FD81-45AC-B6ED-955241028BDA ATTACHMENT 1
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Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

Pursuant to the Federal Rule above, Contractor certifies that it is in compliance with all applicable provisions of the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387) and will remain in compliance during the term of the Contract.

ARTICLE 26: PREVAILING WAGE
Contractor and any potential subcontractors have a duty to and shall pay the prevailing wage rate under the Davis-Bacon Act, 40 U.S.C. 276a – 276a-5, as amended, and the regulations adopted thereunder contained in 29 C.F.R. pt. 1 and 5.

ARTICLE 27: CONTRACT WORK HOURS AND SAFETY STANDARDS
As per the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708), where applicable, all CUSTOMER/END USER Purchase Orders in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer, on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

ARTICLE 28: PROFIT AS A SEPARATE ELEMENT OF PRICE
For purchases using federal funds more than the current Simplified Acquisition Threshold of $250,000, requires negotiation of profit as a separate element of the price. See, 2 CFR 200.324(b). Contractor agrees to provide information and negotiate regarding profit as a separate element of the price for the purchase. Contractor also agrees that the total price, including profit, charged by Contractor will not exceed the awarded pricing, including any applicable discount, under any awarded contract.

ARTICLE 29: BYRD ANTI-LOBBYING AMENDMENT
Byrd Anti-Lobbying Amendment (31U.S.C. 1352) – Contractors that apply or bid for an award exceeding $100,000 must file the required anti-lobbying certification. Each tier must certify to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier, up to the CUSTOMER/END USER. As applicable, Contractor agrees to file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 USC 1352). Contractor certifies that it is currently in compliance with all applicable provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) and will continue to be in compliance throughout the term of the Contract and further certifies that:

1. No Federal appropriated funds have been paid or will be paid by or on behalf of the Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection DocuSign Envelope ID: FCBA4C6B-FD81-45AC-B6ED-955241028BDA ATTACHMENT 1
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with the awarding of a Federal contract, the making of a Federal Grant, the making of a Federal Loan, the entering into a cooperative Master Agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative Master Agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing, or attempting to influence, an officer or employee of a Member of Congress in connection with a Federal contract, grant, loan, or cooperative Master Agreement, Contractor shall complete and submit Standard Form – LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.

3. Contractor shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative Master Agreements) and that all subcontractors shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certificate is a prerequisite for making or entering into this transaction imposed by Section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

ARTICLE 30: COMPLIANCE WITH EPA REGULATIONS APPLICABLE TO GRANTS,

SUBGRANTS, COOPERATIVE MASTER AGREEMENTS, AND CONTRACTS Contractor certifies compliance with all applicable standards, orders, regulations, and/or requirements issued pursuant to the Clean Air Act of 1970, as amended (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act, as amended (13 U.S.C. 1368), Executive Order 117389 and Environmental Protection Agency Regulation, 40 CFR Part 15.

ARTICLE 31: COMPLIANCE WITH ENERGY POLICY AND CONSERVATION ACT Contractor certifies that Contractor will be in compliance with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871).

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Attachment A
Lenco Industries, Inc.

Ambulances, EMS & Special Service Vehicles
Contract No.: AM10-23
Manufacturer Product Item Description Offered List
Price
HGACBuy
Discount
Category C - Other Specialty Vehicle or Equipment
Lenco Industries,
Inc
BearCat G2 BearCat G2 Armored Tactical Vehicle, F-550 chassis, 131" WB $ 213,514.89 6% Lenco Industries,
Inc
BearCat G3 BearCat G3 Armored Tactical Vehicle, F-550 chassis, 131" WB, Off-Road Edition $ 250,704.26 6% Lenco Industries,
Inc
BearCat G3M BearCat G3 Armored Tactical Vehicle, F-550 chassis, 131" WB, Off-Road Edition, severe duty package, CTIS compatible $ 296,217.02 6%
Lenco Industries,
Inc
MedCat G2 MedCat G2, Armored emergency response vehicle, F-550 chassis, 131" WB, MedEvac edition $ 240,990.43 6% Lenco Industries,
Inc
MedCat G3 MedCat G3, Armored emergency response vehicle, F-550 chassis, 131" WB, MedEvac OffRoad edition, (2) litter design $ 278,179.79 6% Lenco Industries,
Inc
BearCat G3 Advanced
Rescue
BearCat G3 Advanced Rescue, Armored emergency response vehicle, F-550 chassis, 131" WB, MedEvac Off-Road edition, (4) litter design $ 341,124.47 6% Lenco Industries,
Inc
BearCat X3 BearCat X3, Armored tactical vehicle, F-550 chassis, 131" WB, Pick-up edition $ 259,063.83 6% Lenco Industries,
Inc
BearCat X3M BearCat X3, Armored tactical vehicle, F-550 chassis, 131" WB, Pick-up edition, severe duty package; CTIS compatible $ 293,451.06 6%
Lenco Industries,
Inc
BearCat X3 FireCat BearCat X3 FireCat, Armored emergency response vehicle, F-550 chassis, 131" WB, Pick-up Fire Response Edition $ 358,957.45 6%
Lenco Industries,
Inc
BearCat G2 EOD BearCat G2 EOD, Armored emergency response vehicle, F-550 chassis, 131" WB, Bomb Disposal edition $ 252,663.83 6%
Lenco Industries,
Inc
BearCat G3 EOD BearCat G3 EOD, Armored emergency response vehicle, F-550 chassis, 131" WB, Bomb Disposal Off-Road edition $ 280,491.49 6%
Lenco Industries,
Inc
BearCat VIP BearCat VIP, Armored tactical security vehicle, F-550 chassis, 131" WB, SUV Edition $ 280,296.81 6% 1 DocuSign Envelope ID: FCBA4C6B-FD81-45AC-B6ED-955241028BDA ATTACHMENT 1
319
Ambulances, EMS & Special Service Vehicles
Request For Proposal
HGACBuy/Cooperative Purchasing Program
Project ID: AM10-23
Release Date: Friday, June 9, 2023
Due Date: Thursday, August 10, 2023 12:00pm
Posted Friday, June 9, 2023 7:00am
Bid Unsealed Thursday, August 10, 2023 12:03pm
Pricing Unsealed Thursday, August 10, 2023 12:03pm
All dates & times in Central Time

3. Scope of Work / Specifications
This is an indefinite quantity/indefinite delivery offerings contract. The HGACBuy Customer is responsible to ensure adequate competition is performed between the various contractors or contractors outside of HGACBuy to determine price reasonableness that might be required per any funding agency. Customer will need to ensure compliance with any funding agency requirements before proceeding with a purchase order under this contract. Please consult legal counsel regarding questions concerning compliance as a contractor under this solicitation.

3.1. Overview
H-GAC is soliciting responses for selecting qualified manufacturers, dealers, distributors, and service providers of Ambulances, EMS and Other Specialty Vehicles and related services to make these types of products and services available to Customers of the HGACBuy Cooperative Purchasing Program under blanket type contracts. Customers (end users) may require selective acquisitions of equipment and/or services OR full turnkey projects necessitating additional services, training, and maintenance agreements. H-GAC is seeking the broadest possible selection of available ambulances, emergency medical response and specialty vehicles to best serve our customers by providing the largest selection of products/services available to meet their needs. This solicitation may include a request for a discount percent off price catalog, category, or manufacturer, or price list for supplies, materials, or not to exceed hourly rates for installation or repair. Respondents are not required to provide offerings on all categories.

3.2. Categories
This Solicitation is divided into ten (10) separate but related product categories (A-J). When submitting a response, Respondent may choose to submit a response to any of the categories or all of them. No additional weighted value will be assigned to a response that addresses more than one or all categories listed. All equipment must be the manufacturer’s new and current model and must be fully operational upon delivery to the Customer.

Alternative Fuel Vehicles: All responses that include electric, hybrid, or other alternative fuel vehicles must include these vehicles in Category G. If that specific vehicle is also available with an internal combustion engine (ICE), please list the ICE vehicle separately in the appropriate vehicle category. Category G will only include the alternative fuel vehicles, regardless of vehicle function or type.

Product categories are as follows:

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1. Ambulance
Response listings/descriptions must be organized by major sub-categories, which include Manufacturer, Type (I, II, or III), module configurations/dimensions, chassis (make and model), 2WD/4WD, and fuel type.

2. Light/Medium Duty EMS Rescue Vehicle
Response listings/descriptions must be organized by major sub-categories, which include manufacturer, model, type/function, chassis (make and model), dimensions, 2WD/4WD, and fuel type.

3. Other Specialty Vehicle or Equipment
Category includes vehicles or trailers for command, communication, tactical response, or other related emergency response functions. Response listings/descriptions must be organized by major sub-categories, which shall include manufacturer, model, type/function, chassis (make and model), axle configuration, dimensions, 2WD/4WD, and fuel type.

4. EMS Vehicle Conversions
Response listings/descriptions must be organized by major sub-categories, which include manufacturer, model, type/function, chassis, 2WD/4WD, and fuel type.

5. Remount Services Only
Pricing for this service must include the cost of removing an existing body and reinstalling it on a different chassis, only. This service would apply where the chassis was supplied by the end user.

Note: Remounting Services are to be performed by an authorized dealer/remounter. Any specific certifications or warranties that may be requested by an end user regarding remounts is the end user’s responsibility and will be negotiated between the end user and the supplier/contractor when services are quoted.

6. Remount on Contractor Supplied Chassis
Pricing for these items must include the cost of the chassis plus the removal and reinstallation of the body.

7. Electric/Alternative Fuel Ambulance/EMS/Rescue Vehicles Response listings must be organized by manufacturer, model, vehicle type/function, and primary fuel/propulsion type.

8. Ambulance/EMS/Rescue Vehicle Service/Maintenance Plans Response listings must include specific details about which fees are included in costs, including current labor rates, and fee structures.

9. Ambulance/EMS/Rescue Vehicle Parts and Supplies
Response listing must include percentage discount.

10. Ambulance/EMS/Rescue Vehicle Options
Response listing must include percentage discount.

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3.3. General Requirements
All products priced and sold pursuant to this Solicitation must, as applicable:

1. Meet all applicable requirements of federal, state and local laws and regulations.

2. Be manufacturer's normal offering with all standard features and functions and performance levels.

3. Be ready for turn-key operation upon delivery.

4. Respondent must include specifications, brochures, warranty information, and any other relevant product information with solicitation Response.

Note: “Unpriced/unpublished” options cannot be quoted on the Base Pricing List and may not be sold through this contract.

3.4. Additional Requirements
Licenses

1. Contractor must have and maintain the appropriate license(s) as required by the State of Texas, Department of Transportation, Division of Motor Vehicles, Motor Vehicle Commission Code [latest edition], or any other local, state and federal licenses required and which are applicable to the respondent’s operations.

2. The prescribed licenses must include the manufacturer/respondent, and any and all dealers and their representatives as may be required by the Motor Vehicle Division. Contractor must ensure all emergency and specialty vehicles sold are in accordance with the laws of the state where the sale and acquisition are made.

3. Contractor must maintain all licensing required by the State of Texas as applicable to their business operations during the entire contract term. If during the contract period such licensing lapses, Contractor will be in default and become subject to contract termination unless issued a stay or waiver.

Manuals

1. Contractor must supply at the time of delivery, at least two (2) sets of complete operations and service documentation covering the completed emergency vehicles as delivered and accepted (as per latest edition of KKK-A-1822F).

2. Respondent must supply the following information with their response: Technical Specifications, Product Brochures, Tear Sheets, Cut Sheets, Strippers, etc. which clearly show all the standard features and capabilities of each listing being bid.

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Warranty
Contractors must comply with the minimum warranty and maintenance requirements described below for any products or services provided under this Solicitation.

1. Contractor must furnish with response, and for all equipment sold through this H-GAC contract, the manufacturer's general warranty, which must be honored by all the manufacturer's authorized service locations.

2. All service/maintenance plan listings must clearly indicate the cost structure for such plans, clearly indicating which costs and fees are included (such as: hourly labor rates, shop fees, supply fees, environmental fees).

3. The Contractor will handle all warranty claims and all work must be completed within ten (10) calendar days after receipt of equipment/vehicle by the Contractor without cost to H-GAC or the Customer. Delayed warranties must be available for all vehicles and equipment. Warranty start date will be effective the date that the completed unit is placed into service by the Customer. The Contractor must furnish a delayed warranty card/document for each unit delivered and/or advise the Customer of the procedures to be followed for obtaining the delayed start of warranty coverage. Requests for delayed warranties will not exceed six months after delivery.

4. Any and all documents necessary to effect manufacturer’s warranty must be properly applied for and submitted by the Contractor. The Contractor will provide to H-GAC and the Customer a manufacturer’s warranty which will be honored by any of the manufacturer’s authorized dealers and a complete copy must be provided at the time of delivery. When additional warranties are available as standard, they must be included as a part of the response for the benefit of H-GAC and Customer.

5. The patient compartment, all modifications to the OEM chassis by Contractor on the accepted unit, equipment and parts will be guaranteed for a minimum period of one (1) year against defects in design, materials, and workmanship. The warranty period will begin upon final acceptance of the equipment. This warranty will cover parts and labor expenses.

6. On Type I & III emergency medical service MODULE the warranty period will be fifteen (15) years.

7. This warranty will be upgraded to its original status each time the module is remounted by Contractor, or a Contractor authorized remount facility, not to exceed five (5) years above the original warranty.

8. In the event any component part of equipment or materials furnished under these specifications, or its subsequent contract(s), becomes defective by reason of material or workmanship during said period, and the end user agency immediately notifies Contractor of such defect, Contractor will, at no expense to the End User agency or H-GAC, repair or replace equipment or component with new equipment or component.

9. Warranty of all system equipment is the sole responsibility of the Contractor under contract, but may be performed by their certified, designated agent.

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3.5. Vehicle Requirements
All equipment and vehicles must be new and be the manufacturer’s latest and current model. Each vehicle must be fully assembled, adjusted, serviced and ready for immediate and continuous operation upon delivery. If the equipment or vehicle does not meet the specification requirements upon delivery, Contractor will be responsible for correcting all deficiencies and making any corrections or adjustments needed to attain specification requirements.

All equipment and vehicles must conform to applicable local, state, federal requirements and must comply to all applicable industry standards (examples: National Fire Protection Association (NFPA), Commission on Accreditation of Ambulance Services (CAAS), Federal Specification for the Star-of-Life Ambulance (KKK-A-1822F), Occupational Safety and Health Administration (OSHA)).

3.6. Service / Maintenance Plans and Parts
All service/maintenance plan listings must clearly indicate the cost structure for such plans, clearly indicating which costs and fees are included (ex: hourly labor rates, shop fees, supply fees, environmental fees).

3.7. Labor Hours Definitions
If the awarded contract contains hours for labor related services, the following definitions will apply:

1. “Business Day” Monday through Friday

2. “Business Hours” Standard Business Hours 8 a.m. to 5 p.m.

3. “Regular Time” Work that occurs during standard business hours

4. “Emergency Time” Work that occurs outside standard business hours

3.8. Administrative Fee
For each purchase order processed under an awarded contract, H-GAC will directly invoice the contractor an administrative fee (Order Processing Charge) applicable to the sale of all equipment and services submitted in contractor’s response. It is the contractor’s responsibility to remit the administrative fee within thirty (30) days of processing any customer’s purchase order, even if an invoice is not received from H-GAC. Contractor agrees that H-GAC will have the right, with reasonable notice, to inspect its records pertaining to purchase orders processed and the accuracy of the fees payable to H-GAC. For this solicitation the administrative fee is as follows:

Administrative Fee (per Purchase Order)
Category A – Ambulance: $1,000 per purchase order
Category B – Light/Medium Rescue Vehicle: $1,000 per purchase order Category C – Specialty Vehicle/Equipment:

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Light Rescue/Special Service $1,000 per purchase order
Heavy Rescue/Special Service $2,000 per purchase order
All Trailers 2% per purchase order
Category D – EMS Vehicle Conversions: $1,000 per purchase order Category E – Remount Services Only: $600 per purchase order Category F – Remount on Contractor Supplied Chassis: $600 per purchase order Category G –Electric/Alternative Fuel Vehicles Determined by category of vehicle Category H –Service/Maintenance Plans: 2% per purchase order Category I - Ambulance/Vehicle Parts and Supplies 2% per purchase order Category J - Ambulance/EMS/Rescue Vehicle Options No separate fee - part of vehicle

3.9. Final Contract Deliverables
Contractor agrees to submit written quarterly reports to H-GAC detailing all transactions during the previous three (3) month period. Reports must include, but are not limited, to the following information:
• Customer Name and address
• HGACBuy confirmation number
• Product/Service purchased, including Product Code, if applicable • Customer Purchase Order Number
• Purchase Order Date
• Product/Service dollar amount
• HGACBuy Order Processing Charge amount
Reports must be provided to H-GAC in Excel or other acceptable electronic format by the 30th day of the month following the quarter being reported. If Contractor defaults in providing Products or Services reporting as required by the contract, recourse may be exercised through cancellation of the contract and other legal remedies as appropriate.

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Quotation 109149
10 Betnr Industrial Drive - Pittsfield, MA 01201
PH: 413-443-7359 - FAX: 413-445-7865
Quotation Date:

Lenco Tax ID#:
02/27/25
04-2719777
Customer Code: LILCA
Page #: 21 of
Livermore Police Department
1110 South Livermore Ave.

Livermore, CA 94550 USA
Bill To
Livermore Police Department
1110 South Livermore Ave.

Livermore, CA 94550 USA
Ship To
Net 30 Days FOB: Destination
Payment Terms
Lenco Contact
Jim Massery
Shipping Terms
Estimated Completion
Ship Via
Common Carrier
Inspection & Acceptance
18 Months (+ or -) ARO At Lenco's Facility, Pittsfield, MA Item: Product # Qty Unit Price Total
Vehicle configuration 3462
Lenco BearCat BC55003-BASE 1 $264,310.00 $264,310.00
Options:

California Mandated Solid Burn Red & Blue-Front, Amber & Blue-Rear LED_CALIF 1 Exterior Paint Color: Charcoal Gray CHARCOAL_GRAY 1
BearCat G3 4-Wheel Off-Road Upgrade Pkg w/Run-Flats BC3WOFFRD 1 $38,454.00 $38,454.00 Desert Climate Cooling Package BCDCCP 1 $2,100.00 $2,100.00 Gasoline Engine BCGSEN 1
4-Door Configuration BC4DR 1 $9,823.00 $9,823.00
(1) 7" Vertical GunPort Upgrade BCGP7 8 $228.00 $1,824.00 360 Camera System BC360DEG 1 $4,422.00 $4,422.00
Rear A/C - Heating System: High Capacity Upgrade BCHACUP 1 $8,250.00 $8,250.00 Hydraulic Front Mounted Receiver with Ram Post and Plate BCHYDRAM 1 $16,975.00 $16,975.00 Gas Injector Unit BCGIU 1 $14,552.00 $14,552.00
Gas Injector Storage Basket BCGISB 1 $1,595.00 $1,595.00 Break and Rake BCBAR 1 $1,800.00 $1,800.00
Door Pivoting Ram Head BCDPRH 1 $1,880.00 $1,880.00
Draco Prep Package BCDRACOPREP 1 $1,896.00 $1,896.00
4 Way Ram Camera with 4 Way Monitor and Audio BCRC 1 $23,928.00 $23,928.00 VSP Style Low Profile & Scene Lighting Pkg BCVSPL 1 $6,102.00 $6,102.00 Roof Mounted Remote Control Spot Light - LED BCSLLED 2 $1,404.00 $2,808.00 IR Remote Control Spot Light BCSLIR 1 $1,805.00 $1,805.00 Take Down Light (Bumper Mounted) BCTDL 1 $1,853.00 $1,853.00 AC-DC Power Inverter w/ Auto Eject BCINV2000 1 $6,387.00 $6,387.00 Electric Power Winch Modular w/Winch Basket BCWNCH 1 $6,207.00 $6,207.00 Rear Tow Hitch Receiver w/ Winch Power BCRTOWRWP 1 $1,886.00 $1,886.00 Armored Oil Pan Guard BCAOPG 1 $1,936.00 $1,936.00
Ballistic Skip Round Shield BCBSRS 1 $2,820.00 $2,820.00 Intercom System Inside to Outside BCINT 1 $3,280.00 $3,280.00 5 Pack Mag Kit BCMAGKIT 1 $975.00 $975.00
Weapons Mount BCWMT 6 $600.00 $3,600.00
Sniper Rifle Rest System BCSRESTSS 1 $3,980.00 $3,980.00 MedEvac Benches BCMEDBENCH 1 $6,528.00 $6,528.00
Trauma Lighting (6) Overhead Dome White w/Hi/Low/Red BCLTMED 1 $4,996.00 $4,996.00 Exterior Equipment Storage Compartment BCSCOMP 1 $3,775.00 $3,775.00 UV Ray BearCat Protective Cover BCUVPC 1 $2,428.00 $2,428.00 Whole Vehicle Bedrock Paint BCPJWV 1 $10,000.00 $10,000.00 Extreme Heat Reducing Insulation & Sound Reduction Pkg BCEXHT 1 $5,000.00 $5,000.00 Optical Traffic Preemption Emitter BCOTPE 1 $2,550.00 $2,550.00 Instrument Blackout Panel BCIBP 1 $800.00 $800.00
Configuration Subtotal: $471,525.00
ATTACHMENT 2
326
Quotation 109149
10 Betnr Industrial Drive - Pittsfield, MA 01201
PH: 413-443-7359 - FAX: 413-445-7865
Quotation Date:

Lenco Tax ID#:
02/27/25
04-2719777
Customer Code: LILCA
Page #: 22 of
Lenco BearCat NEWCONFIG 1 $471,525.00 $471,525.00
Freight Out - SWAT FREIGHTOUT-VEHICLE 1 $14,500.00 $14,500.00 Net Total $486,025.00
Notes:

Authorized
WARNING: Information Subject to Export Control Laws
Acceptance of this quotation or entering into a purchase agreement with Lenco, the purchaser agrees to Lenco's full Terms and Conditions of Sale, available upon request. This quote will be valid for 60 days.

Please sign and return Jim Massery
Authorized
Thank you
The written approval of the Directorate of US Defense Trade Controls and Lenco Industries, Inc. must be obtained before reselling, transferring, transshipping or disposing of a defense article to any end user, end use or destination other than as stated on this Lenco quote or the shipper's export declaration in cases where an exemption is claimed under this subchapter ITAR 123.9(A).

ACCEPTANCE OF PROPOSAL
Signature:_______________________________ Signature:_______________________________ Livermore CA Sales Tax 10.25% ($48,331.31) is not collected by Lenco. Partial payments of this order are permitted.

H-GAC – Ambulances, EMS, and Other Special Service Vehicles Contract Number: AM10-23
Current Option Period End Date: September 30, 2027
ATTACHMENT 2
327
1 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE ISSUANCE OF A PURCHASE
ORDER TO LENCO INDUSTRIES, INC. DBA LENCO ARMORED
VEHICLES IN THE AMOUNT OF $534,356 FOR ONE BEARCAT G3 4-

WHEEL DRIVE ARMORED VEHICLE AND AUTHORIZING AN

ADDITIONAL FINANCIAL CONTINGENCY OF TEN PERCENT
The Livermore Police Department is responsible for ensuring public safety, protecting critical infrastructure, and responding to critical incidents. In recent years, law enforcement agencies have increasingly faced threats that require specialized equipment, including armored vehicles, to protect both officers and the public.

The City purchased an armored truck from the Lawrence Livermore National Laboratory in 2014. The vehicle, which was manufactured in 2006, has reached the end of its life expectancy and requires replacement.

Livermore Municipal Code section 2.68.360 permits the purchase of certain goods and services through qualifying cooperative purchasing programs. Livermore Municipal Code section 2.68.370 permits the City to participate in cooperative purchasing programs if the underlying purchase was made using a quotation or bid procedure at least as restrictive as the City’s.

Lenco Industries, Inc. d/b/a Lenco Armored Vehicles (“Supplier”) holds the Houston-Galveston Area Council (“H-GAC”) competitively bid cooperative purchasing contract for ambulance, EMS, and other special service vehicles. This cooperative purchasing program meets the requirements of the Livermore Municipal Code.

On February 27, 2025, the City received a quote from Supplier for one 2025 Lenco BearCat G3 4-Wheel drive armored vehicle in the amount of $486,025. The total purchase price for the vehicle is $534,356, which includes the vehicle price and a use tax of $48,331.

As a result of market fluctuations, scarcity of materials globally, and a volatile labor market, cost adjustments may be requested by Supplier during the term of this purchase order. A financial contingency in an amount not-to-exceed ten percent (10%) of the total purchase price, inclusive of tax, is necessary to allow staff to adjust pricing to cover potential price increases. Any price increase requested by Supplier must be submitted at least 30 days before the requested implementation date. If Supplier finds it necessary to request a cost adjustment, Supplier shall provide notice in a timely, fair and equitable manner with evidence satisfactory to the City documenting the reason(s) for and the actual cost of the increases.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it:
328
2 RESOLUTION NO. ________

1. Authorizes the City Manager, or her designee, to execute a purchase order, on behalf of the City of Livermore, with Lenco Industries, Inc. d/b/a Lenco Armored Vehicles in the amount of $534,356 for the purchase and delivery of one 2025 Lenco BearCat G3 4-Wheel drive armored vehicle in accordance with the terms, specifications and general provisions specified in H-GAC cooperative agreement #AM10-23, and section 2.68.370 of the Livermore Municipal Code.

2. Approves a financial contingency in an amount not to exceed ten percent (10%) of the total purchase price, inclusive of tax, for cost adjustments that may become necessary to cover potential price adjustments.

3. Authorizes the City Manager, or her designee, to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution, including approving cost adjustments in an amount not to exceed 10% of the total purchase price, inclusive of tax.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on June 09, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED AS TO FORM:
___________________________ /s/ Molly A. O’Toole
Deborah L. Elam Molly A. O’Toole
City Clerk Assistant City Attorney
329
CITY COUNCIL STAFF REPORT ITEM NO. 5.13
DATE: June 9, 2025
TO: Honorable Mayor and City Council
FROM: Jeramy Young, Police Chief
SUBJECT: Resolution authorizing the issuance of a purchase order for the replacement P-25 radio equipment from Motorola Solutions for emergency radio communications through the East Bay Regional Communication System (EBRCSA).

RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution authorizing the issuance of a purchase order with Motorola Solutions in an amount not-to-exceed $1,448,055 for the purchase and delivery of P-25 radio equipment.

SUMMARY
Staff recommends the purchase and delivery of replacement radio equipment from Motorola Solutions.

The current radios are at end of life and are in need of new encryption software.

DISCUSSION
On July 23, 2007, the City Council passed and adopted Resolution No. 2007-167. This resolution allowed the City of Livermore to participate in the development of a regional communication system serving Alameda and Contra Costa Counties. The City became a part of the East Bay Regional Communication System (EBRCS) at that time. In June 2009, the East Bay Regional Communication System Authority (EBRCSA) entered into an agreement with the City to install equipment that would support a new interoperable radio system. The current mobile and portable radio equipment was purchased in 2012 and is now at end of life and needs to be replaced.

The 2025 Motorola Solutions Customer Agreement (MCA) between Motorola Solutions and the Contra Costa County under Section 1.1.2. Eligible Purchases allows other local government agencies as well as third party service providers that use the EBRCSA System as Eligible Purchasers, and they may execute individual purchase orders with Motorola referencing this MCA for receiving and accepting the products and services outlined in this MCA. Section 2.68.370 of the Municipal Code provides that supplies and equipment may be purchased without conducting informal solicitation or competitive bidding when the procurement is based on cooperative purchasing arrangements or programs entered into by any public 330
agency or agencies situated within the state, regardless of whether the City is a named party to such an agreement or an actual participant in such a program.

FISCAL AND ADMINISTRATIVE IMPACTS
The funds for the radio replacement have been allocated in the City’s CIP Project PS202716. There is sufficient funding available in the CIP during FY 2025-26 for the purchase of the replacement radios and encryption keys.

COMMUNITY PILLAR
1: A Safe Community That Thrives
GOAL
2: Public Safety

ATTACHMENTS

1. Motorola Quote

2. Resolution

3. Exhibit A - Executed - Motorola Solutions Agreement
Prepared by: Deirdre Ramsey
Business Manager
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
331
Billing Address:

LIVERMORE POLICE DEPT,CITY
OF
1110 S LIVERMORE AVE
LIVERMORE, CA 94550
US
Shipping Address:

LIVERMORE POLICE DEPT,CITY
OF
1110 S LIVERMORE AVE
LIVERMORE, CA 94550
US
Quote Date:03/19/2025
Expiration Date:06/30/2025
Michael Larson
Quote Created By:

Michael.Larson@
motorolasolutions.com
End Customer:

LIVERMORE POLICE DEPT,CITY OF
Rhonda Bishop
[email protected]
925-371-4921

COUNTY, CA
Contract: 39229 - CONTRA COSTA
AGREEMENT: STATE OF CALIFORN
IA
Line # Item Number Description Qty List Price Sale Price Ext. Sale Price APX™ 6000 Series APX6000
1 H98UCD9PW5BN APX6000 7/800 MHZ MODEL

1.5 PORTABLE
120 $3,277.00 $2,033.38 $244,005.60
1a HA00690AA ADD: 7Y ESSENTIAL SERVICE
HTP
120 $386.00 $386.00 $46,320.00
1b Q361AR ADD: P25 9600 BAUD

TRUNKING
120 $330.00 $204.77 $24,572.40
1c QA00580AC ADD: TDMA OPERATION 120 $495.00 $307.15 $36,858.00 1d QA00779AB ADD: BASIC CARRY HOLDER 120 $32.00 $19.86 $2,383.20 1e QA09001AB ADD: WIFI CAPABILITY 120 $330.00 $204.77 $24,572.40 1f Q498AY ENH: ASTRO 25 OTAR W/

MULTIKEY
120 $814.00 $505.09 $60,610.80
1g H38BT ADD: SMARTZONE

OPERATION
120 $1,320.00 $819.06 $98,287.20
1h QA07682AA ADD: SMARTCONNECT 120 $0.00 $0.00 $0.00
1i QA09113AB ADD: BASELINE RELEASE SW 120 $0.00 $0.00 $0.00 1j Q806BM ADD: ASTRO DIGITAL CAI

OPERATION
120 $567.00 $351.82 $42,218.40
1k Q629AK ENH: AES ENCRYPTION AND
ADP
120 $523.00 $324.52 $38,942.40
QUOTE-3055104
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.

Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800

Page 1 ends

ATTACHMENT 1
332
Line # Item Number Description Qty List Price Sale Price Ext. Sale Price 2 PMNN4485A BATT IMPRES 2 LIION R IP68
2550T
120 $168.63 $126.47 $15,176.40
3 PMMN4099BL AUDIO ACCESSORY-REMOTE
SPEAKER MICROPHONE,IP68

REMOTE SPEAKER
MICROPHONE,3.5MM,UL
10 $132.00 $105.59 $1,055.90
4 NNTN8863B CHARGER, SINGLE-UNIT,
IMPRES 2, 3A, 100-240VAC,

US/NA/LACR PLUG
120 $186.50 $139.88 $16,785.60
5 NNTN8844B CHARGER, MULTI-UNIT,
IMPRES 2, 6-DISP, NA/LAPLUG, ACC USB CHGR
5 $1,705.20 $1,278.90 $6,394.50
APX™ 6500 / Enh Series ENHANCEDAPX6500
6 M25URS9PW1BN APX6500 ENHANCED 7/800

MHZ MOBILE
96 $3,518.00 $2,182.92 $209,560.32
6a GA00250AA ADD: GNSS/BT-WIFI THRU
MNT ANT, 17FT LOW LOSS
PFP-100A/240, QMA
96 $110.00 $68.26 $6,552.96
6b HA00694AA ADD: 7Y ESSENTIAL SERVICE
HTM
96 $604.80 $604.80 $58,060.80
6c GA00580AA ADD: TDMA OPERATION 96 $495.00 $307.15 $29,486.40 6d G51AU ENH: SMARTZONE
OPERATION APX6500
96 $1,320.00 $819.06 $78,629.76
6e G67DT ADD: REMOTE MOUNT E5
APXM
96 $327.00 $202.90 $19,478.40
6f GA09001AA ADD: WI-FI CAPABILITY 96 $330.00 $204.77 $19,657.92 6g G298AS ENH: ASTRO 25 OTAR W/

MULTIKEY
96 $814.00 $505.09 $48,488.64
6h B18CR ADD: AUXILIARY SPKR 7.5

WATT APX
96 $66.00 $40.95 $3,931.20
6i G843AH ADD: AES ENCRYPTION AND
ADP
96 $523.00 $324.52 $31,153.92
6j G444AH ADD: APX CONTROL HEAD

SOFTWARE
96 $0.00 $0.00 $0.00
6k G335AW ADD: ANT 1/4 WAVE
762-870MHZ
96 $15.00 $9.31 $893.76
6l G806BL ENH: ASTRO DIGITAL CAI OP
APX
96 $567.00 $351.82 $33,774.72
6m GA01670AA ADD: APX E5 CONTROL HEAD 96 $717.00 $444.90 $42,710.40 6n W22BA ADD: STD PALM

MICROPHONE APX
96 $79.00 $49.02 $4,705.92
QUOTE-3055104
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.

Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800

Page 2 ends

ATTACHMENT 1
333
Line # Item Number Description Qty List Price Sale Price Ext. Sale Price 6o QA09113AB ADD: BASELINE RELEASE SW 96 $0.00 $0.00 $0.00 6p GA01630AA ADD: SMARTCONNECT 96 $0.00 $0.00 $0.00
6q G361AH ENH: P25 TRUNKING

SOFTWARE APX
96 $330.00 $204.77 $19,657.92
APX™ Consolette
7 L37TSS9PW1AN ALL BAND CONSOLETTE 1 $10,330.00 $6,409.77 $6,409.77 7a GA09001AC ADD: WI-FI CAPABILITY

CONSOLETTE
1 $385.00 $238.89 $238.89
7b G90AC ADD: NO MICROPHONE

NEEDED APX
1 $0.00 $0.00 $0.00
7c HA00694AA ADD: 7Y ESSENTIAL SERVICE
HTM
1 $604.80 $604.80 $604.80
7d GA00580AA ADD: TDMA OPERATION 1 $495.00 $307.15 $307.15 7e CA01598AB ADD: AC LINE CORD US 1 $0.00 $0.00 $0.00
7f G51AT ENH:SMARTZONE 1 $1,650.00 $1,023.83 $1,023.83
7g GA05508AA DEL: DELETE VHF BAND 1 -$800.00 -$496.40 -$496.40 7h GA05509AA DEL: DELETE UHF BAND 1 -$800.00 -$496.40 -$496.40 7i L999AG ADD: FULL FP W/E5/KEYPAD/

CLOCK/VU
1 $868.00 $538.59 $538.59
7j G298AS ENH: ASTRO 25 OTAR W/

MULTIKEY
1 $814.00 $505.09 $505.09
7k G843AH ADD: AES ENCRYPTION AND
ADP
1 $523.00 $324.52 $324.52
7l G806BL ENH: ASTRO DIGITAL CAI OP
APX
1 $567.00 $351.82 $351.82
7m QA09113AB ADD: BASELINE RELEASE SW 1 $0.00 $0.00 $0.00 7n GA01630AA ADD: SMARTCONNECT 1 $0.00 $0.00 $0.00
7o G361AH ENH: P25 TRUNKING

SOFTWARE APX
1 $330.00 $204.77 $204.77
FLASHport Series APX8500FLASHPORT
8 T8426A TDMA* 1 $0.00 $0.00 $0.00
8a G298AU ADD: ASTRO 25 OTAR W/

MULTIKEY
6 $936.00 $748.80 $4,492.80
FLASHport Series APX6000FLASHPORT
9 T7665A TDMA* 1 $0.00 $0.00 $0.00
9a Q498BA ENH: ASTRO 25 OTAR W/

MULTIKEY
18 $936.00 $748.80 $13,478.40
QUOTE-3055104
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.

Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800

Page 3 ends

ATTACHMENT 1
334
Line # Item Number Description Qty List Price Sale Price Ext. Sale Price After Market Encryption
Upgrades
10 T7936A APX UCM UPGRADE CD* 1 $57.50 $51.75 $51.75
10a CA00182AR ADD: AES ENCRYPTION

SOFTWARE
24 $696.00 $626.40 $15,033.60
Subtotal $1,307,498.82
Estimated Tax $134,018.63
Grand Total $1,441,517.45(USD)
Notes:
● Additional information is required for one or more items on the quote for an order.

QUOTE-3055104
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.

Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800

Page 4 ends

ATTACHMENT 1
335
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE ISSUANCE OF A PURCHASE
ORDER FOR P-25 RADIO EQUIPMENT WITH MOTOROLA SOLUTIONS
The City of Livermore Police Department requires replacement radio equipment and encryption services. The Police Department wishes to issue a purchase order for replacement radio equipment under the 2025 Motorola Solutions Customer Agreement between Motorola Solutions and the Contra Costa County under Section 1.1.2 Eligible Purchases for other local governments and East Bay Regional Communication System Authority (EBRCSA) subscribers.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby authorizes the City Manager, or her designee, to execute a purchase order, on behalf of the City of Livermore, with Motorola Solutions in an amount not-to-exceed $1,441,518 based on the 2025 Motorola Solutions Customer Agreement attached hereto as Exhibit A.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on June 09, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED AS TO FORM:
___________________________ /s/ Daniel R. Gonzales
Deborah L. Elam Daniel R. Gonzales
City Clerk Deputy City Attorney
Exhibit A - 2025 Motorola Solutions Customer Agreement
336
Motorola Customer Agreement 1
Motorola Solutions Customer Agreement
This Motorola Solutions Customer Agreement (the “MCA”) is entered into between Motorola Solutions, Inc., with offices at 500 W. Monroe Street, Suite 4400, Chicago, IL 60661 (“Motorola”) and Contra Costa County, a political subdivision of the State of California (the "County" or "Customer"). Motorola and Customer will each be referred to herein as a “Party” and collectively as the “Parties”. This Agreement (as defined below) is effective as of the date of the last signature (the “Effective Date”).

WHEREAS, County is a participating agency of the East Bay Regional Communications System Authority (“EBRCSA”) System;
WHEREAS, County desires, to the extent permitted by applicable law and regulations, other state or local governmental agencies who use the EBRCSA System for some or all of their communications needs to permit the purchase of Products and Services under provisions and prices substantially the same as specified in this MCA; and WHEREAS, Motorola desires to sell communications products and services to County and other state or local governmental agencies who use the EBRCSA System; THEREFORE, County hereby engages the services of Motorola, and in consideration of the mutual promises herein contained, the Parties agree as follows:

1. Agreement.

1.1. Scope; Agreement Documents. This MCA governs Customer’s purchase of Products (as defined below) and Services (as defined below) from Motorola. Additional terms and conditions applicable to specific Products and Services are set forth in one or more addenda attached to this MCA (each an “Addendum”, and collectively the “Addenda”). In addition, the Parties may agree upon solution descriptions, equipment lists, statements of work, schedules, technical specifications, and other ordering documents setting forth the Products and Services to be purchased by Customer and provided by Motorola and additional rights and obligations of the Parties (the “Ordering Documents”). To the extent required by applicable procurement law, a proposal submitted by Motorola in response to a competitive procurement process will be included within the meaning of the term Ordering Documents. This MCA, the Addenda, and any Ordering Documents collectively form the Parties’ “Agreement”.

1.2. Eligible Purchasers. The MCA shall also govern purchases of Products (as defined below) and Services (as defined below) from Motorola, to the extent permitted by applicable law and regulations, to other state or local governmental agencies, as well as third party service providers, that use the EBRCSA System ("Eligible Purchasers"). Each Eligible Purchaser may execute an individual contract with Motorola or issue a purchase order referencing this MCA for receiving and accepting the subject Products and Services, and for directly paying Motorola. An Eligible Purchaser placing an order using this MCA has the same rights and responsibilities as Customer under this MCA with respect to its purchase, but Customer assumes no responsibility or liability for any such contracts entered into by other governmental agencies pursuant to this provision.

EXHIBIT A
337
Motorola Customer Agreement 2

1.3. Order of Precedence. Each Addendum will control with respect to conflicting terms in the MCA, but only as applicable to the Products and Services described in such Addendum. Each Ordering Document will control with respect to conflicting terms in the MCA or any Addenda, but only as applicable to the Products and Services described on such Ordering Document.

2. Products and Services.

2.1. Products. Motorola will (a) sell hardware provided by Motorola (“Equipment”), (b) license software which is either preinstalled on Equipment or installed on Customer-Provided Equipment (as defined below) and licensed to Customer by Motorola for a perpetual or other defined license term (“Licensed Software”), and (c) license cloud-based software as a service products and other software which is either preinstalled on Equipment or installed on Customer- Provided Equipment, but licensed to Customer by Motorola on a subscription basis (“Subscription Software”) to Customer, to the extent each is set forth in an Ordering Document, for Customer’s own use in accordance with this Agreement. The Equipment, Licensed Software, and Subscription Software shall collectively be referred to herein as “Products”, or individually as a “Product”. At any time during the Term (as defined below), Motorola may substitute any Products at no cost to Customer, if the substitute is substantially similar to the Products set forth in the applicable Ordering Documents.

2.2. Services.

2.2.1. Motorola will provide services related to purchased Products (“Services”), to the extent set forth in an Ordering Document.

2.2.2. Integration Services; Maintenance and Support Services. If specified in an Ordering Document, Motorola will provide, for the term of such Ordering Document, (a) design, deployment, and integration Services in order to design, install, set up, configure, and/or integrate the applicable Products at the applicable locations (“Sites”), agreed upon by the Parties (“Integration Services”), or (b) break/fix maintenance, technical support, or other Services (such as software integration Services) (“Maintenance and Support Services”), each as further described in the applicable statement of work. Maintenance and Support Services and Integration Services will each be considered “Services”, as defined above.

2.2.3. Service Ordering Documents. The Fees for Services will be set forth in an Ordering Document and any applicable project schedules. A Customer point of contact will be set forth in the applicable statement of work for the Services. For purposes of clarity, each statement of work will be incorporated into, and form an integral part of, the Agreement.

2.2.4. Service Completion. Unless otherwise specified in the applicable Ordering Document, Services described in an Ordering Document will be deemed complete upon Motorola’s performance of all Services listed in such Ordering Document (“Service Completion Date”); provided, however, that Maintenance and Support Services may be offered on an ongoing basis during a given Ordering Document term, in which case such Maintenance and Support Services will conclude upon the expiration or termination of such Ordering Document.

2.3. Non-Preclusion. If, in connection with the Products and Services provided under this Agreement, Motorola makes recommendations, including a recommendation to purchase other products or services, nothing in this Agreement precludes Motorola from participating in a future

EXHIBIT A
338
Motorola Customer Agreement 3
competitive bidding process or otherwise offering or selling the recommended products or other services to Customer. Customer represents that this paragraph does not violate its procurement standards or other laws, regulations, or policies.

2.4. Customer Obligations. Customer will ensure that information Customer provides to Motorola in connection with receipt of Products and Services are accurate and complete in all material respects. Customer will make timely decisions and obtain any required management approvals that are reasonably necessary for Motorola to provide the Products and Services and perform its other duties under this Agreement. Unless the applicable Ordering Document states otherwise, Motorola may rely upon and is not required to evaluate, confirm, reject, modify, or provide advice concerning any assumptions or Customer information, decisions, or approvals described in this Section. If any assumptions in the Ordering Documents or information provided by Customer prove to be incorrect, or if Customer fails to perform any of its obligations under this Agreement, Motorola’s ability to perform its obligations may be impacted and changes to the Agreement, including the scope, Fees, and performance schedule may be required.

2.5. Documentation. Products and Services may be delivered with documentation for the Equipment, software Products, or data that specifies technical and performance features, capabilities, users, or operation, including training manuals, and other deliverables, such as reports, specifications, designs, plans, drawings, analytics, or other information (collectively, “Documentation”). Documentation is and will be owned by Motorola, unless otherwise expressly agreed in an Addendum or Ordering Document that certain Documentation will be owned by Customer. Motorola hereby grants Customer a limited, royalty-free, worldwide, non- exclusive license to use the Documentation solely for its internal business purposes in connection with the Products and Services.

2.6. Motorola Tools and Equipment. As part of delivering the Products and Services, Motorola may provide certain tools, equipment, models, and other materials of its own. Such tools and equipment will remain the sole property of Motorola unless they are to be purchased by Customer as Products and are explicitly listed on an Ordering Document. The tools and equipment may be held by Customer for Motorola’s use without charge and may be removed from Customer’s premises by Motorola at any time without restriction. Customer will safeguard all tools and equipment while in Customer’s custody or control, and be liable for any loss or damage. Upon the expiration or earlier termination of this Agreement, Customer, at its expense, will return to Motorola all tools and equipment in its possession or control.

2.7. Authorized Users. Customer will ensure its employees and Authorized Users comply with the terms of this Agreement and will be liable for all acts and omissions of its employees and Authorized Users. Customer is responsible for the secure management of Authorized Users’ names, passwords and login credentials for access to Products and Services. “Authorized Users” are Customer’s employees, full-time contractors engaged for the purpose of supporting the Products and Services that are not competitors of Motorola, and the entities (if any) specified in an Ordering Document or otherwise approved by Motorola in writing (email from an authorized Motorola signatory accepted), which may include affiliates or other Customer agencies.

2.8. Export Control. Customer, its employees, and any other Authorized Users will not access or use the Products and Services in any jurisdiction in which the provision of such Products and Services is prohibited under applicable laws or regulations (a “Prohibited Jurisdiction”), and Customer will not provide access to the Products and Services to any government, entity, or individual located in a Prohibited Jurisdiction. Customer represents and warrants that (a) it and its Authorized Users are not named on any U.S. government list of persons prohibited from receiving U.S. exports, or transacting with any U.S. person; (b) it and its

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Authorized Users are not a national of, or a company registered in, any Prohibited Jurisdiction; (c) Customer will not permit its Authorized Users to access or use the Products or Services in violation of any U.S. or other applicable export embargoes, prohibitions or restrictions; and (d) Customer and its Authorized Users will comply with all applicable laws regarding the transmission of technical data exported from the U.S. and the country in which Customer, its employees, and the Authorized Users are located.

2.9. Change Orders. Unless a different change control process is agreed upon in writing by the Parties, a Party may request changes to an Addendum or an Ordering Document by submitting a change order to the other Party (each, a “Change Order”). If a requested change in a Change Order causes an increase or decrease in the Products or Services, the Parties by means of the Change Order will make appropriate adjustments to the Fees, project schedule, or other matters. Change Orders are effective and binding on the Parties only upon execution of the Change Order by an authorized representative of both Parties.

3. Term and Termination.

3.1. Term. The term of this MCA (“Term”) will commence on the Effective Date and continue until five (5) years after the later of (a) the termination, expiration, or discontinuance of services under the last Ordering Document in effect, or (b) the expiration of all applicable warranty periods, unless the MCA is earlier terminated as set forth herein. The applicable Addendum or Ordering Document will set forth the term for the Products and Services governed thereby.

3.2. Termination. Either Party may terminate the Agreement or the applicable Addendum or Ordering Document if the other Party breaches a material obligation under the Agreement and does not cure such breach within thirty (30) days after receipt of notice of the breach or fails to produce a cure plan within such period of time. Each Addendum and Ordering Document may be separately terminable as set forth therein.

3.3. Suspension of Services. Motorola may terminate or suspend any Products or Services under an Ordering Document if Motorola determines: (a) the related Product license has expired or has terminated for any reason; (b) the applicable Product is being used on a hardware platform, operating system, or version not approved by Motorola; (c) Customer fails to make any payments when due; or (d) Customer fails to comply with any of its other obligations or otherwise delays Motorola’s ability to perform.

3.4. Effect of Termination or Expiration. Upon termination for any reason or expiration of this Agreement, an Addendum, or an Ordering Document, Customer and the Authorized Users will return or destroy (at Motorola’s option) all Motorola Materials and Motorola’s Confidential Information in their possession or control and, as applicable, provide proof of such destruction, except that Equipment purchased by Customer should not be returned. If Customer has any outstanding payment obligations under this Agreement, Motorola may accelerate and declare all such obligations of Customer immediately due and payable by Customer. Notwithstanding the reason for termination or expiration, Customer must pay Motorola for Products and Services already delivered. Customer has a duty to mitigate any damages under this Agreement, including in the event of default by Motorola and Customer’s termination of this Agreement.

4. Payment and Invoicing.

4.1. Fees. Fees and charges applicable to the Products and Services (the “Fees”) will be as set forth in the applicable Exhibit A, attached hereto and incorporated by this reference, or Ordering Document, and such Fees may be changed by Motorola at any time, except that Motorola will not change the Fees for Products and Services purchased by Customer during the

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term of an active Ordering Document or during a Subscription Term (as defined and further described in the applicable Addendum). Changes in the scope of Services described in an Ordering Document may require an adjustment to the Fees due under such Ordering Document.

If a specific invoicing or payment schedule is set forth in the applicable Addendum or Ordering Document, such schedule will apply solely with respect to such Addendum or Ordering Document.

Unless otherwise specified in the applicable Ordering Document, the Fees for any Services exclude expenses associated with unusual and costly Site access requirements (e.g., if Site access requires a helicopter or other equipment), and Customer will reimburse Motorola for these or other expenses incurred by Motorola in connection with the Services.

4.2. Taxes. The Fees do not include any excise, sales, lease, use, property, or other taxes, assessments, duties, or regulatory charges or contribution requirements (collectively, “Taxes”), all of which will be paid by Customer, except as exempt by law, unless otherwise specified in an Ordering Document. If Motorola is required to pay any Taxes, Customer will reimburse Motorola for such Taxes (including any interest and penalties) within thirty (30) days after Customer’s receipt of an invoice therefore. Customer will be solely responsible for reporting the Products for personal property tax purposes, and Motorola will be solely responsible for reporting taxes on its income and net worth.

4.3. Invoicing. Motorola will invoice Customer at the frequency set forth in the applicable Addendum or Ordering Document, and Customer will pay all invoices within thirty (30) days of the invoice date or as otherwise specified in the applicable Addendum or Ordering Document. Late payments will be subject to interest charges at the maximum rate permitted by law, commencing upon the due date. Motorola may invoice electronically via email, and Customer agrees to receive invoices via email at the email address set forth in an Ordering Document. Customer acknowledges and agrees that a purchase order or other notice to proceed is not required for payment for Products or Services.

4.4. Firm Discount: Any representation of pricing under the terms of this arrangement shall be a commitment to firm discounts only outline in Exhibit A “Price List”. No representation of pricing shall be firm but used to illustrate the pricing structure, which shall be a firm discount applied to the list price of the equipment being purchased at the time of purchase. The discount levels shall remain firm for the term of agreement.

4.5. Return of Discount. The Parties understand and agree that Motorola is providing Customer, including Eligible Purchasers (as defined in Section 1.2), a discount in exchange for a commitment to purchase a minimum of 1,400 Subscribers annually based on the effective day of this agreement or in aggregate over the course of the Agreement, 7,000 subscribers under this MCA (“Discount Purchase Commitment”). Any excess purchases in excess of the annual minimum quantity will apply towards the annual minimum requirement for the following year and aggregate purchase requirement until the minimum term requirement of 7,000 subscribers is achieved. If Customer and Eligible Purchasers fail to collectively reach the Discount Purchase Commitment for any reason, including early termination of this MCA, Motorola may impose a Discount Purchase Commitment fee, representing a return of the allocated discount for sales.

Customer and Eligible Purchasers shall be responsible only for the Discount Purchase Commitment fee associated with their respective purchase(s).

5. Sites; Customer-Provided Equipment; Non-Motorola Content.

5.1. Access to Sites. Customer will be responsible for providing all necessary permits, licenses, and other approvals necessary for the installation and use of the Products and the performance of the Services at each applicable Site, including for Motorola to perform its obligations hereunder, and for facilitating Motorola’s access to the Sites. No waivers of liability

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will be imposed on Motorola or its subcontractors by Customer or others at Customer facilities or other Sites, but if and to the extent any such waivers are imposed, the Parties agree such waivers are void.

5.2. Site Conditions. Customer will ensure that (a) all Sites are safe and secure, (b) Site conditions meet all applicable industry and legal standards (including standards promulgated by OSHA or other governmental or regulatory bodies), (c) to the extent applicable, Sites have adequate physical space, air conditioning, and other environmental conditions, electrical power outlets, distribution, equipment, connections, and telephone or other communication lines (including modem access and interfacing networking capabilities), and (d) Sites are suitable for the installation, use, and maintenance of the Products and Services. This Agreement is predicated upon normal soil conditions as defined by the version of E.I.A. standard RS-222 in effect on the Effective Date.

5.3. Site Issues. Motorola will have the right at any time to inspect the Sites and advise Customer of any deficiencies or non-conformities with the requirements of this Section 5 – Sites; Customer-Provided Equipment; Non-Motorola Content. If Motorola or Customer identifies any deficiencies or non-conformities, Customer will promptly remediate such issues or the Parties will select a replacement Site. If a Party determines that a Site identified in an Ordering Document is not acceptable or desired, the Parties will cooperate to investigate the conditions and select a replacement Site or otherwise adjust the installation plans and specifications as necessary. A change in Site or adjustment to the installation plans and specifications may cause a change in the Fees or performance schedule under the applicable Ordering Document.

5.4. Customer-Provided Equipment. Certain components, including equipment and software, not provided by Motorola may be required for use of the Products and Services (“CustomerProvided Equipment”). Customer will be responsible, at its sole cost and expense, for providing and maintaining the Customer-Provided Equipment in good working order. Customer represents and warrants that it has all rights in Customer-Provided Equipment to permit Motorola to access and use the applicable Customer-Provided Equipment to provide the Products and Services under this Agreement, and such access and use will not violate any laws or infringe any third-party rights (including intellectual property rights). Customer (and not Motorola) will be fully liable for Customer-Provided Equipment, and Customer will immediately notify Motorola of any CustomerProvided Equipment damage, loss, change, or theft that may impact Motorola’s ability to provide the Products and Services under this Agreement, and Customer acknowledges that any such events may cause a change in the Fees or performance schedule under the applicable Ordering Document.

5.5. Non-Motorola Content. In certain instances, Customer may be permitted to access, use, or integrate Customer or third-party software, services, hardware, content, and data that is not provided by Motorola (collectively, “Non-Motorola Content”) with or through the Products and Services. If Customer accesses, uses, or integrates any Non-Motorola Content with the Products or Services, Customer will first obtain all necessary rights and licenses to permit Customer’s and its Authorized Users’ use of the Non-Motorola Content in connection with the Products and Services. Customer will also obtain the necessary rights for Motorola to use such Non-Motorola Content in connection with providing the Products and Services, including the right for Motorola to access, store, and process such Non-Motorola Content (e.g., in connection with Subscription Software), and to otherwise enable interoperation with the Products and Services. Customer represents and warrants that it will obtain the foregoing rights and licenses prior to accessing, using, or integrating the applicable Non-Motorola Content with the Products and Services, and that Customer and its Authorized Users will comply with any terms and

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conditions applicable to such Non-Motorola Content. If any Non-Motorola Content require access to Customer Data (as defined below), Customer hereby authorizes Motorola to allow the provider of such Non-Motorola Content to access Customer Data, in connection with the interoperation of such Non-Motorola Content with the Products and Services. Customer acknowledges and agrees that Motorola is not responsible for, and makes no representations or warranties with respect to, the Non-Motorola Content (including any disclosure, modification, or deletion of Customer Data resulting from use of Non-Motorola Content or failure to properly interoperate with the Products and Services). If Customer receives notice that any Non-Motorola Content must be removed, modified, or disabled within the Products or Services, Customer will promptly do so. Motorola will have the right to disable or remove Non-Motorola Content if Motorola believes a violation of law, third-party rights, or Motorola’s policies is likely to occur, or if such Non-Motorola Content poses or may pose a security or other risk or adverse impact to the Products or Services, Motorola, Motorola’s systems, or any third party (including other Motorola customers). Motorola may provide certain Non-Motorola Content as an authorized sales representative of a third party as set out in an Ordering Document. As an authorized sales representative, the third party’s terms and conditions, as set forth in the Ordering Document, will apply to any such sales. Any orders for such Non-Motorola Content will be filled by the third party. Nothing in this Section will limit the exclusions set forth in Section 7.2 – Intellectual Property Infringement.

5.6. End User Licenses. Notwithstanding any provision to the contrary in the Agreement, certain Non-Motorola Content software are governed by a separate license, EULA, or other agreement, including terms governing third-party equipment or software, such as open source software, included in the Products and Services. Customer will comply, and ensure its Authorized Users comply, with any such additional terms applicable to third-party equipment or software. If provided for in the separate third party license, Customer may have a right to receive source code for such software; a copy of such source code may be obtained free of charge by contacting Motorola.

6. Representations and Warranties.

6.1. Mutual Representations and Warranties. Each Party represents and warrants to the other Party that (a) it has the right to enter into the Agreement and perform its obligations hereunder, and (b) the Agreement will be binding on such Party.

6.2. Motorola Warranties. Subject to the disclaimers and exclusions below, Motorola represents and warrants that (a) Services will be provided in a good and workmanlike manner and will conform in all material respects to the descriptions in the applicable Ordering Document; and (b) for a period of ninety (90) days commencing upon the Service Completion Date for onetime Services, the Services will be free of material defects in materials and workmanship. Other than as set forth in subsection (a) above, recurring Services are not warranted but rather will be subject to the requirements of the applicable Addendum or Ordering Document. Motorola provides other express warranties for Motorola-manufactured Equipment, Motorola-owned software Products, and certain Services. Such express warranties are included in the applicable Addendum or Ordering Document. Such representations and warranties will apply only to the applicable Product or Service that is the subject of such Addendum or Ordering Document.

6.3. Warranty Claims; Remedies. To assert a warranty claim, Customer must notify Motorola in writing of the claim prior to the expiration of any warranty period set forth in this MCA or the applicable Addendum or Ordering Document. Unless a different remedy is otherwise expressly set forth for a particular warranty under an Addendum, upon receipt of such claim, Motorola will investigate the claim and use commercially reasonable efforts to repair or replace any confirmed

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materially non-conforming Product or re-perform any non-conforming Service, at its option. Such remedies are Customer’s sole and exclusive remedies for Motorola’s breach of a warranty.

Motorola’s warranties are extended by Motorola to Customer only, and are not assignable or transferrable.

6.4. Pass-Through Warranties. Notwithstanding any provision of this Agreement to the contrary, Motorola will have no liability for third-party software or hardware provided by Motorola; provided, however, that to the extent offered by third-party providers of software or hardware and to the extent permitted by law, Motorola will pass through express warranties provided by such third parties.

6.5. WARRANTY DISCLAIMER. EXCEPT FOR THE EXPRESS AND PASS THROUGH

WARRANTIES IN THIS AGREEMENT, PRODUCTS AND SERVICES PURCHASED HEREUNDER ARE PROVIDED “AS IS” AND WITH ALL FAULTS. WARRANTIES SET FORTH

IN THE AGREEMENT ARE THE COMPLETE WARRANTIES FOR THE PRODUCTS AND

SERVICES AND MOTOROLA DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS,

EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND QUALITY. MOTOROLA DOES NOT

REPRESENT OR WARRANT THAT USE OF THE PRODUCTS AND SERVICES WILL BE

UNINTERRUPTED, ERROR-FREE, OR FREE OF SECURITY VULNERABILITIES, OR THAT THEY WILL MEET CUSTOMER’S PARTICULAR REQUIREMENTS.

7. Indemnification.

7.1. General Indemnity. Motorola will defend, indemnify, and hold Customer harmless from and against any and all damages, losses, liabilities, and expenses (including reasonable fees and expenses of attorneys) arising from any actual third-party claim, demand, action, or proceeding (“Claim”) for personal injury, death, or direct damage to tangible property to the extent caused by Motorola’s negligence, gross negligence or willful misconduct while performing its duties under an Ordering Document or an Addendum, except to the extent the claim arises from Customer’s negligence or willful misconduct. Motorola’s duties under this Section 7.1 – General Indemnity are conditioned upon: (a) Customer promptly notifying Motorola in writing of the Claim; (b) Motorola having sole control of the defense of the suit and all negotiations for its settlement or compromise; and (c) Customer cooperating with Motorola and, if requested by Motorola, providing reasonable assistance in the defense of the Claim.

7.2. Intellectual Property Infringement. Motorola will defend Customer against any third-party claim alleging that a Motorola-developed or manufactured Product or Service (the “Infringing Product”) directly infringes a United States patent or copyright (“Infringement Claim”), and Motorola will pay all damages finally awarded against Customer by a court of competent jurisdiction for an Infringement Claim, or agreed to in writing by Motorola in settlement of an Infringement Claim. Motorola’s duties under this Section 7.2 – Intellectual Property Infringement are conditioned upon: (a) Customer promptly notifying Motorola in writing of the Infringement Claim; (b) Motorola having sole control of the defense of the suit and all negotiations for its settlement or compromise; and (c) Customer cooperating with Motorola and, if requested by Motorola, providing reasonable assistance in the defense of the Infringement Claim.

7.2.1. If an Infringement Claim occurs, or in Motorola’s opinion is likely to occur, Motorola may at its option and expense: (a) procure for Customer the right to continue using the Infringing Product; (b) replace or modify the Infringing Product so that it becomes non-infringing; or (c) grant Customer (i) a pro-rated refund of any amounts pre-paid for the Infringing Product (if the Infringing Product is a

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software Product, i.e., Licensed Software or Subscription Software) or (ii) a credit for the Infringing Product, less a reasonable charge for depreciation (if the Infringing Product is Equipment, including Equipment with embedded software).

7.2.2. In addition to the other damages disclaimed under this Agreement, Motorola will have no duty to defend or indemnify Customer for any Infringement Claim that arises from or is based upon: (a) Customer Data, Customer-Provided Equipment, Non-Motorola Content, or third-party equipment, hardware, software, data, or other third-party materials; (b) the combination of the Product or Service with any products or materials not provided by Motorola; (c) a Product or Service designed, modified, or manufactured in accordance with Customer’s designs, specifications, guidelines or instructions; (d) a modification of the Product or Service by a party other than Motorola; (e) use of the Product or Service in a manner for which the Product or Service was not designed or that is inconsistent with the terms of this Agreement; or (f) the failure by Customer to use or install an update to the Product or Service that is intended to correct the claimed infringement. In no event will Motorola’s liability resulting from an Infringement Claim extend in any way to any payments due on a royalty basis, other than a reasonable royalty based upon revenue derived by Motorola from Customer from sales or license of the Infringing Product.

7.2.3. This Section 7.2 – Intellectual Property Infringement provides Customer’s sole and exclusive remedies and Motorola’s entire liability in the event of an Infringement Claim. For clarity, the rights and remedies provided in this Section are subject to, and limited by, the restrictions set forth in Section 8 – Limitation of Liability below.

7.3. Customer Indemnity. Customer will defend, indemnify, and hold Motorola and its subcontractors, subsidiaries and other affiliates harmless from and against any and all damages, losses, liabilities, and expenses (including reasonable fees and expenses of attorneys) arising from any actual or threatened third-party claim, demand, action, or proceeding arising from or related to (a) Customer-Provided Equipment, Customer Data, or Non-Motorola Content, including any claim, demand, action, or proceeding alleging that any such equipment, data, or materials (or the integration or use thereof with the Products and Services) infringes or misappropriates a thirdparty intellectual property or other right, violates applicable law, or breaches the Agreement; (b) Customer-Provided Equipment’s failure to meet the minimum requirements set forth in the applicable Documentation or match the applicable specifications provided to Motorola by Customer in connection with the Products or Services; (c) Customer’s (or its service providers, agents, employees, or Authorized User’s) negligence or willful misconduct; and (d) Customer’s or its Authorized User’s breach of this Agreement. This indemnity will not apply to the extent any such claim is caused by Motorola’s use of Customer- Provided Equipment, Customer Data, or Non-Motorola Content in violation of the Agreement. Motorola will give Customer prompt, written notice of any claim subject to the foregoing indemnity. Motorola will, at its own expense, cooperate with Customer in its defense or settlement of the claim.

8. Limitation of Liability.

8.1. DISCLAIMER OF CONSEQUENTIAL DAMAGES. EXCEPT FOR PERSONAL INJURY

OR DEATH, MOTOROLA, ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE OFFICERS,

DIRECTORS, EMPLOYEES, SUBCONTRACTORS, AGENTS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “MOTOROLA PARTIES”) WILL NOT BE LIABLE IN CONNECTION WITH THIS AGREEMENT (WHETHER UNDER MOTOROLA’S INDEMNITY

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OBLIGATIONS, A CAUSE OF ACTION FOR BREACH OF CONTRACT, UNDER TORT

THEORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY,

PUNITIVE, OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOST PROFITS OR

REVENUES, EVEN IF MOTOROLA HAS BEEN ADVISED BY CUSTOMER OR ANY THIRD

PARTY OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND WHETHER OR NOT SUCH DAMAGES OR LOSSES ARE FORESEEABLE.

8.2. DIRECT DAMAGES. EXCEPT FOR PERSONAL INJURY OR DEATH, THE TOTAL

AGGREGATE LIABILITY OF THE MOTOROLA PARTIES, WHETHER BASED ON A CLAIM IN

CONTRACT OR IN TORT, LAW OR EQUITY, RELATING TO OR ARISING OUT OF THE

AGREEMENT WILL NOT EXCEED THE FEES SET FORTH IN THE ORDERING DOCUMENT UNDER WHICH THE CLAIM AROSE. NOTWITHSTANDING THE FOREGOING, FOR ANY

SUBSCRIPTION SOFTWARE OR FOR ANY RECURRING SERVICES, THE MOTOROLA PARTIES’ TOTAL LIABILITY FOR ALL CLAIMS RELATED TO SUCH PRODUCT OR

RECURRING SERVICES IN THE AGGREGATE WILL NOT EXCEED THE TOTAL FEES PAID

FOR SUCH SUBSCRIPTION SOFTWARE OR RECURRING SERVICE, AS APPLICABLE, DURING THE CONSECUTIVE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT FROM WHICH THE FIRST CLAIM AROSE.

8.3. ADDITIONAL EXCLUSIONS. NOTWITHSTANDING ANY OTHER PROVISION OF THIS

AGREEMENT, MOTOROLA WILL HAVE NO LIABILITY FOR DAMAGES ARISING OUT OF (A)

CUSTOMER DATA, INCLUDING ITS TRANSMISSION TO MOTOROLA, OR ANY OTHER DATA AVAILABLE THROUGH THE PRODUCTS OR SERVICES; (B) CUSTOMER- PROVIDED

EQUIPMENT, NON-MOTOROLA CONTENT, THE SITES, OR THIRD-PARTY EQUIPMENT,

HARDWARE, SOFTWARE, DATA, OR OTHER THIRD-PARTY MATERIALS, OR THE COMBINATION OF PRODUCTS AND SERVICES WITH ANY OF THE FOREGOING; (C) LOSS

OF DATA OR HACKING, RANSOMWARE, OR OTHER THIRD-PARTY ATTACKS OR DEMANDS; (D) MODIFICATION OF PRODUCTS OR SERVICES BY ANY PERSON OTHER THAN MOTOROLA; (E) RECOMMENDATIONS PROVIDED IN CONNECTION WITH OR BY THE PRODUCTS AND SERVICES; (F) DATA RECOVERY SERVICES OR DATABASE MODIFICATIONS; OR (G) CUSTOMER’S OR ANY AUTHORIZED USER’S BREACH OF THIS AGREEMENT OR MISUSE OF THE PRODUCTS AND SERVICES.

8.4. Voluntary Remedies. Motorola is not obligated to remedy, repair, replace, or refund the purchase price for the disclaimed issues in Section 8.3 – Additional Exclusions above, but if Motorola agrees to provide Services to help resolve such issues, Customer will reimburse Motorola for its reasonable time and expenses, including by paying Motorola any Fees set forth in an Ordering Document for such Services, if applicable.

8.5. Statute of Limitations. Customer may not bring any claims against a Motorola Party in connection with this Agreement or the Products and Services more than one (1) year after the date of accrual of the cause of action.

9. Confidentiality.

9.1. Confidential Information. “Confidential Information” means any and all non-public information provided by one Party (“Discloser”) to the other (“Recipient”) that is disclosed under this Agreement in oral, written, graphic, machine recognizable, or sample form, being clearly designated, labeled or marked as confidential or its equivalent or that a reasonable businessperson would consider non-public and confidential by its nature. With respect to Motorola, Confidential Information will also include Products and Services, and Documentation, as well as any other information relating to the Products and Services. The nature and existence of this Agreement are considered Confidential Information of the Parties. In order to be

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considered Confidential Information, information that is disclosed orally must be identified as confidential at the time of disclosure and confirmed by Discloser by submitting a written document to Recipient within thirty (30) days after such disclosure. The written document must contain a summary of the Confidential Information disclosed with enough specificity for identification purpose and must be labeled or marked as confidential or its equivalent.

9.2. Obligations of Confidentiality. During the Term and for a period of three (3) years from the expiration or termination of this Agreement, Recipient will (a) not disclose Confidential Information to any third party, except as expressly permitted in this Section 9 - Confidentiality; (b) restrict disclosure of Confidential Information to only those employees (including, employees of any wholly owned subsidiary, a parent company, any other wholly owned subsidiaries of the same parent company), agents or consultants who must access the Confidential Information for the purpose of, and who are bound by confidentiality terms substantially similar to those in, this Agreement; (c) not copy, reproduce, reverse engineer, de-compile or disassemble any Confidential Information; (d) use the same degree of care as for its own information of like importance, but at least use reasonable care, in safeguarding against disclosure of Confidential Information; (e) promptly notify Discloser upon discovery of any unauthorized use or disclosure of the Confidential Information and take reasonable steps to regain possession of the Confidential Information and prevent further unauthorized actions or other breach of this Agreement; and (f) only use the Confidential Information as needed to fulfill its obligations and secure its rights under this Agreement.

9.3. Exceptions. Recipient is not obligated to maintain as confidential any information that Recipient can demonstrate by documentation (a) is publicly available at the time of disclosure or becomes available to the public without breach of this Agreement; (b) is lawfully obtained from a third party without a duty of confidentiality to Discloser; (c) is otherwise lawfully known to Recipient prior to such disclosure without a duty of confidentiality to Discloser; or (d) is independently developed by Recipient without the use of, or reference to, any of Discloser’s Confidential Information or any breach of this Agreement. Additionally, Recipient may disclose Confidential Information to the extent required by law, including a judicial or legislative order or proceeding.

9.4. Ownership of Confidential Information. All Confidential Information is and will remain the property of Discloser and will not be copied or reproduced without the express written permission of Discloser (including as permitted herein). Within ten (10) days of receipt of Discloser’s written request, Recipient will return or destroy all Confidential Information to Discloser along with all copies and portions thereof, or certify in writing that all such Confidential Information has been destroyed. However, Recipient may retain (a) one (1) archival copy of the Confidential Information for use only in case of a dispute concerning this Agreement and (b) Confidential Information that has been automatically stored in accordance with Recipient’s standard backup or recordkeeping procedures, provided, however that Recipient will remain subject to the obligations of this Agreement with respect to any Confidential Information retained subject to clauses (a) or (b). No license, express or implied, in the Confidential Information is granted to the Recipient other than to use the Confidential Information in the manner and to the extent authorized by this Agreement. Discloser represents and warrants that it is authorized to disclose any Confidential Information it discloses pursuant to this Agreement.

10. Proprietary Rights; Data; Feedback.

10.1. Data Definitions. The following terms will have the stated meanings: “Customer Contact Data” means data Motorola collects from Customer, its Authorized Users, and their end users for business contact purposes, including marketing, advertising, licensing and sales purposes; “Service Use Data” means data generated by Customer’s use of the Products and Services or

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by Motorola’s support of the Products and Services, including personal information, product performance and error information, activity logs and date and time of use; “Customer Data” means data, information, and content, including images, text, videos, documents, audio, telemetry, location and structured data base records, provided by, through, or on behalf of Customer, its Authorized Users, and their end users through the use of the Products and Services.

Customer Data does not include Customer Contact Data, Service Use Data, or information from publicly available sources or other Third-Party Data or Motorola Data; “Third- Party Data” means information obtained by Motorola from publicly available sources or its third party content providers and made available to Customer through the Products or Services; “Motorola Data” means data owned or licensed by Motorola; “Feedback” means comments or information, in oral or written form, given to Motorola by Customer or Authorized Users, including their end users, in connection with or relating to the Products or Services; and “Process” or “Processing” means any operation or set of operations which is performed on personal information or on sets of personal information, whether or not by automated means, such as collection, recording, copying, analyzing, caching, organization, structuring, storage, adaptation, or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

10.2. Motorola Materials. Customer acknowledges that Motorola may use or provide Customer with access to software, tools, data, and other materials, including designs, utilities, models, methodologies, systems, and specifications, which Motorola has developed or licensed from third parties (including any corrections, bug fixes, enhancements, updates, modifications, adaptations, translations, de-compilations, disassemblies, or derivative works of the foregoing, whether made by Motorola or another party) (collectively, “Motorola Materials”). The Products and Services, Motorola Data, Third-Party Data, and Documentation, are considered Motorola Materials. Except when Motorola has expressly transferred title or other interest to Customer by way of an Addendum or Ordering Document, the Motorola Materials are the property of Motorola or its licensors, and Motorola or its licensors retain all right, title and interest in and to the Motorola Materials (including, all rights in patents, copyrights, trademarks, trade names, trade secrets, know-how, other intellectual property and proprietary rights, and all associated goodwill and moral rights). For clarity, this Agreement does not grant to Customer any shared development rights in or to any Motorola Materials or other intellectual property, and Customer agrees to execute any documents and take any other actions reasonably requested by Motorola to effectuate the foregoing. Motorola and its licensors reserve all rights not expressly granted to Customer, and no rights, other than those expressly granted herein, are granted to Customer by implication, estoppel or otherwise. Customer will not modify, disassemble, reverse engineer, derive source code or create derivative works from, merge with other software, distribute, sublicense, sell, or export the Products and Services or other Motorola Materials, or permit any third party to do so.

10.3. Ownership of Customer Data. Customer retains all right, title and interest, including intellectual property rights, if any, in and to Customer Data. Motorola acquires no rights to Customer Data except those rights granted under this Agreement including the right to Process and use the Customer Data as set forth in Section 10.4 – Processing Customer Data below and in other applicable Addenda. The Parties agree that with regard to the Processing of personal information which may be part of Customer Data, Customer is the controller and Motorola is the processor, and may engage sub-processors pursuant to Section 10.4.3 – Sub- processors.

10.4. Processing Customer Data.

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10.4.1. Motorola Use of Customer Data. To the extent permitted by law, Customer grants Motorola and its subcontractors a right to use Customer Data and a royalty-free, worldwide, non-exclusive license to use Customer Data (including to process, host, cache, store, reproduce, copy, modify, combine, analyze, create derivative works from such Customer Data and to communicate, transmit, and distribute such Customer Data to third parties engaged by Motorola) to (a) perform Services and provide Products under the Agreement, (b) analyze the Customer Data to operate, maintain, manage, and improve Motorola Products and Services, and (c) create new products and services. Customer agrees that this Agreement, along with the Documentation, are Customer’s complete and final documented instructions to Motorola for the processing of Customer Data. Any additional or alternate instructions must be agreed to according to the Change Order process. Customer represents and warrants to Motorola that Customer’s instructions, including appointment of Motorola as a processor or sub-processor, have been authorized by the relevant controller.

10.4.2. Collection, Creation, Use of Customer Data. Customer further represents and warrants that the Customer Data, Customer’s collection, creation, and use of the Customer Data (including in connection with Motorola’s Products and Services), and Motorola’s use of such Customer Data in accordance with the Agreement, will comply with all laws and will not violate any applicable privacy notices or infringe any third-party rights (including intellectual property and privacy rights). It is Customer’s responsibility to obtain all required consents, provided all necessary notices, and meet any other applicable legal requirements with respect to collection and use (including Motorola’s use) of the Customer Data as described in the Agreement.

10.4.3. Sub-processors. Customer agrees that Motorola may engage sub-processors who in turn may engage additional sub-processors to Process personal data in accordance with this Agreement. When engaging sub-processors, Motorola will enter into agreements with the sub-processors to bind them to data processing obligations to the extent required by law.

10.5. Data Retention and Deletion. Except as expressly provided otherwise under the Agreement, Motorola will delete all Customer Data following termination or expiration of this MCA or the applicable Addendum or Ordering Document, with such deletion to occur no later than ninety (90) days following the applicable date of termination or expiration, unless otherwise required to comply with applicable law. Any requests for the exportation or download of Customer Data must be made by Customer to Motorola in writing before expiration or termination, subject to Section 13.9 – Notices. Motorola will have no obligation to retain such Customer Data beyond expiration or termination unless the Customer has purchased extended storage from Motorola through a mutually executed Ordering Document.

10.6. Service Use Data. Customer understands and agrees that Motorola may collect and use Service Use Data for its own purposes, including the uses described below. Motorola may use Service Use Data to (a) operate, maintain, manage, and improve existing and create new products and services, (b) test products and services, (c) to aggregate Service Use Data and combine it with that of other users, and (d) to use anonymized or aggregated data for marketing, research or other business purposes. Service Use Data may be disclosed to third parties. It is Customer’s responsibility to notify Authorized Users of Motorola’s collection and use of Service Use Data and to obtain any required consents, provide all necessary notices, and meet any other applicable legal requirements with respect to such collection and use, and Customer

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represents and warrants to Motorola that it has complied and will continue to comply with this Section.

10.7. Third-Party Data and Motorola Data. Motorola Data and Third-Party Data may be available to Customer through the Products and Services. Customer and its Authorized Users may use Motorola Data and Third-Party Data as permitted by Motorola and the applicable Third- Party Data provider, as described in the applicable Addendum. Unless expressly permitted in the applicable Addendum, Customer will not, and will ensure its Authorized Users will not: (a) use the Motorola Data or Third-Party Data for any purpose other than Customer’s internal business purposes; (b) disclose the data to third parties; (c) “white label” such data or otherwise misrepresent its source or ownership, or resell, distribute, sublicense, or commercially exploit the data in any manner; (d) use such data in violation of applicable laws; (e) remove, obscure, alter, or falsify any marks or proprietary rights notices indicating the source, origin, or ownership of the data; or (f) modify such data or combine it with Customer Data or other data or use the data to build databases. Additional restrictions may be set forth in the applicable Addendum. Any rights granted to Customer or Authorized Users with respect to Motorola Data or Third- Party Data will immediately terminate upon termination or expiration of the applicable Addendum, Ordering Document, or this MCA.

Further, Motorola or the applicable Third-Party Data provider may suspend, change, or terminate Customer’s or any Authorized User’s access to Motorola Data or Third-Party Data if Motorola or such Third-Party Data provider believes Customer’s or the Authorized User’s use of the data violates the Agreement, applicable law or Motorola’s agreement with the applicable Third-Party Data provider. Upon termination of Customer’s rights to use any Motorola Data or Third-Party Data, Customer and all Authorized Users will immediately discontinue use of such data, delete all copies of such data, and certify such deletion to Motorola. Notwithstanding any provision of the Agreement to the contrary, Motorola will have no liability for Third-Party Data or Motorola Data available through the Products and Services. Motorola and its Third-Party Data providers reserve all rights in and to Motorola Data and Third-Party Data not expressly granted in an Addendum or Ordering Document.

10.8. Feedback. Any Feedback provided by Customer is entirely voluntary, and will not create any confidentiality obligation for Motorola, even if designated as confidential by Customer.

Motorola may use, reproduce, license, and otherwise distribute and exploit the Feedback without any obligation or payment to Customer or Authorized Users and Customer represents and warrants that it has obtained all necessary rights and consents to grant Motorola the foregoing rights.

10.9. Improvements; Products and Services. The Parties agree that, notwithstanding any provision of this MCA or the Agreement to the contrary, all fixes, modifications and improvements to the Services or Products conceived of or made by or on behalf of Motorola that are based either in whole or in part on the Feedback, Customer Data, or Service Use Data (or otherwise) are the exclusive property of Motorola and all right, title and interest in and to such fixes, modifications or improvements will vest solely in Motorola. Customer agrees to execute any written documents necessary to assign any intellectual property or other rights it may have in such fixes, modifications or improvements to Motorola.

11. Force Majeure; Delays Caused by Customer.

11.1. Force Majeure. Except for Customer’s payment obligations hereunder, neither Party will be responsible for nonperformance or delayed performance due to events outside of its reasonable control. If performance will be significantly delayed, the affected Party will provide notice to the other Party, and the Parties will agree (in writing) upon a reasonable extension to any applicable performance schedule.

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11.2. Delays Caused by Customer. Motorola’s performance of the Products and Services will be excused for delays caused by Customer or its Authorized Users or subcontractors, or by failure of any assumptions set forth in this Agreement (including in any Addendum or Ordering Document). In the event of a delay under this Section 11.2 – Delays Caused by Customer, (a) Customer will continue to pay the Fees as required hereunder, (b) the Parties will agree (in writing) upon a reasonable extension to any applicable performance schedule, and (c) Customer will compensate Motorola for its out-of-pocket costs incurred due to the delay (including those incurred by Motorola’s affiliates, vendors, and subcontractors).

12. Disputes. The Parties will use the following procedure to resolve any disputes relating to or arising out of this Agreement (each, a “Dispute”):

12.1. Governing Law. All matters relating to or arising out of the Agreement are governed by the laws of the State of California, unless Customer is the United States Government (or an agency thereof), in which case all matters relating to or arising out of the Agreement will be governed by the laws of the State in which the Products and Services are provided. The terms of the U.N.

Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act will not apply.

12.2. Negotiation; Mediation. Either Party may initiate dispute resolution procedures by sending a notice of Dispute (“Notice of Dispute”) to the other Party. The Parties will attempt to resolve the Dispute promptly through good faith negotiations, including timely escalation of the Dispute to executives who have authority to settle the Dispute (and who are at a higher level of management than the persons with direct responsibility for the matter). If a Dispute is not resolved through negotiation, either Party may initiate mediation by sending a notice of mediation (“Notice of Mediation”) to the other Party. The Parties will choose an independent mediator within thirty (30) days of such Notice of Mediation. Neither Party may unreasonably withhold consent to the selection of a mediator, but if the Parties are unable to agree upon a mediator, either Party may request that the American Arbitration Association nominate a mediator. Each Party will bear its own costs of mediation, but the Parties will share the cost of the mediator equally. Each Party will participate in the mediation in good faith and will be represented at the mediation by a business executive with authority to settle the Dispute. All in person meetings under this Section 12.2 – Negotiation; Mediation will take place in Chicago, Illinois, and all communication relating to the Dispute resolution will be maintained in strict confidence by the Parties. Notwithstanding the foregoing, any Dispute arising from or relating to Motorola’s intellectual property rights will not be subject to negotiation or mediation in accordance with this Section, but instead will be decided by a court of competent jurisdiction, in accordance with Section 12.3 – Litigation, Venue, Jurisdiction below.

12.3. Litigation, Venue, Jurisdiction. If the Dispute has not been resolved by mediation within sixty (60) days from the Notice of Mediation, either Party may submit the Dispute exclusively to a court in Contra Costa County, California. Each Party expressly consents to the exclusive jurisdiction of such courts for resolution of any Dispute and to enforce the outcome of any mediation.

13. General.

13.1. Compliance with Laws. Each Party will comply with applicable laws in connection with the performance of its obligations under this Agreement, including that Customer will ensure its and its Authorized Users’ use of the Products and Services complies with law (including privacy laws), and Customer will obtain any FCC and other licenses or authorizations (including licenses or authorizations required by foreign regulatory bodies) required for its and its Authorized Users’ use of the Products and Services. Motorola may, at its discretion, cease

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providing or otherwise modify Products and Services (or any terms related thereto in an Addendum or Ordering Document), in order to comply with any changes in applicable law.

13.2. Audit; Monitoring. Motorola will have the right to monitor and audit use of the Products, which may also include access by Motorola to Customer Data and Service Use Data. Customer will provide notice of such monitoring to its Authorized Users and obtain any required consents, including individual end users, and will cooperate with Motorola in any monitoring or audit.

Customer will maintain during the Term, and for two (2) years thereafter, accurate records relating to any software licenses granted under this Agreement to verify compliance with this Agreement.

Motorola or a third party (“Auditor”) may inspect Customer’s and, as applicable, Authorized Users’ premises, books, and records. Motorola will pay expenses and costs of the Auditor, unless Customer is found to be in violation of the terms of the Agreement, in which case Customer will be responsible for such expenses and costs.

13.3. Assignment and Subcontracting. Neither Party may assign or otherwise transfer this Agreement without the prior written approval of the other Party. Motorola may assign or otherwise transfer this Agreement or any of its rights or obligations under this Agreement without consent (a) for financing purposes, (b) in connection with a merger, acquisition or sale of all or substantially all of its assets, (c) as part of a corporate reorganization, or (d) to a subsidiary corporation.

Subject to the foregoing, this Agreement will be binding upon the Parties and their respective successors and assigns.

13.4. Waiver. A delay or omission by either Party to exercise any right under this Agreement will not be construed to be a waiver of such right. A waiver by either Party of any of the obligations to be performed by the other, or any breach thereof, will not be construed to be a waiver of any succeeding breach or of any other obligation. All waivers must be in writing and signed by the Party waiving its rights.

13.5. Severability. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable, such provision will be deemed to be modified to reflect as nearly as possible the original intentions of the Parties in accordance with applicable law. The remaining provisions of this Agreement will not be affected, and each such provision will be valid and enforceable to the full extent permitted by applicable law.

13.6. Independent Contractors. Each Party will perform its duties under this Agreement as an independent contractor. The Parties and their personnel will not be considered to be employees or agents of the other Party. Nothing in this Agreement will be interpreted as granting either Party the right or authority to make commitments of any kind for the other. This Agreement will not constitute, create, or be interpreted as a joint venture, partnership, or formal business organization of any kind.

13.7. Third-Party Beneficiaries. The Agreement is entered into solely between, and may be enforced only by, the Parties. Each Party intends that the Agreement will not benefit, or create any right or cause of action in or on behalf of, any entity other than the Parties. Notwithstanding the foregoing, a licensor or supplier of third-party software included in the software Products will be a direct and intended third-party beneficiary of this Agreement.

13.8. Interpretation. The section headings in this Agreement are included only for convenience The words “including” and “include” will be deemed to be followed by the phrase “without limitation”. This Agreement will be fairly interpreted in accordance with its terms and conditions and not for or against either Party.

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13.9. Notices. Notices required under this Agreement to be given by one Party to the other must be in writing and either personally delivered or sent to the address provided by the other Party by certified mail, return receipt requested and postage prepaid (or by a recognized courier service, such as FedEx, UPS, or DHL), and will be effective upon receipt.

13.10. Cumulative Remedies. Except as specifically stated in this Agreement, all remedies provided for in this Agreement will be cumulative and in addition to, and not in lieu of, any other remedies available to either Party at law, in equity, by contract, or otherwise. Except as specifically stated in this Agreement, the election by a Party of any remedy provided for in this Agreement or otherwise available to such Party will not preclude such Party from pursuing any other remedies available to such Party at law, in equity, by contract, or otherwise.

13.11. Survival. The following provisions will survive the expiration or termination of this Agreement for any reason: Section 2.4 – Customer Obligations; Section 3.4 – Effect of Termination or Expiration; Section 4 – Payment and Invoicing; Section 6.5 – Warranty Disclaimer; Section 7.3 – Customer Indemnity; Section 8 – Limitation of Liability; Section 9 – Confidentiality; Section 10 – Proprietary Rights; Data; Feedback; Section 11 – Force Majeure; Delays Caused by Customer; Section 12 – Disputes; and Section 13 – General.

13.12. Entire Agreement. This Agreement, including all Addenda and Ordering Documents, constitutes the entire agreement of the Parties regarding the subject matter hereto, and supersedes all previous agreements, proposals, and understandings, whether written or oral, relating to this subject matter. This Agreement may be executed in multiple counterparts, and will have the same legal force and effect as if the Parties had executed it as a single document. The Parties may sign in writing or by electronic signature. An electronic signature, facsimile copy, or computer image of a signature, will be treated, and will have the same effect as an original signature, and will have the same effect, as an original signed copy of this document. This Agreement may be amended or modified only by a written instrument signed by authorized representatives of both Parties. The preprinted terms and conditions found on any Customer purchase order, acknowledgment, or other form will not be considered an amendment or modification or part of this Agreement, even if a representative of each Party signs such document.

The Parties hereby enter into this MCA as of the Effective Date.

Motorola: Motorola Solutions, Inc. Contra Costa County:

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Equipment Purchase and Software
License Addendum V.2023.02.20
1 Equipment Purchase and Software License Addendum
This Equipment Purchase and Software License Addendum (this “EPSLA”) is entered into between Motorola Solutions, Inc., with offices at 500 W. Monroe Street, Suite 4400, Chicago, IL 60661 (“Motorola”) and the entity set forth in the signature block below or in the MCA (“Customer”), and will be subject to, and governed by, the terms of the Motorola Solutions Customer Agreement entered into between the Parties, effective as of 2/1/2025 (the “MCA”).

Capitalized terms used in this EPSLA, but not defined herein, will have the meanings set forth in the MCA.

1. Addendum. This EPSLA governs Customer’s purchase of Equipment and license of Licensed Software (and, if set forth in an Ordering Document, related Services) from Motorola, and will form part of the Parties’ Agreement.

2. Delivery of Equipment and Licensed Software.

2.1. Delivery and Risk of Loss. Motorola will provide to Customer the Products (and, if applicable, related Services) set forth in an Ordering Document, in accordance with the terms of the Agreement. Motorola will, using commercially reasonable practices, pack the ordered Equipment and ship such Equipment to the Customer address set forth in the applicable Ordering Document or otherwise provided by Customer in writing, using a carrier selected by Motorola.

Notwithstanding the foregoing, delivery of Equipment (and any incorporated Licensed Software) will occur, and title and risk of loss for the Equipment will pass to Customer, upon shipment by Motorola in accordance with Ex Works, Motorola’s premises (Incoterms 2020). Customer will pay all shipping costs, taxes, and other charges applicable to the shipment and import or export of the Products and Services, as applicable, and Customer will be responsible for reporting the Products for personal property tax purposes. Delivery of Licensed Software for installation on Equipment or Customer-Provided Equipment will occur upon the earlier of (a) electronic delivery of the Licensed Software by Motorola, and (b) the date Motorola otherwise makes the Licensed Software available for download by Customer. If agreed upon in an Ordering Document, Motorola will also provide Services related to such Products.

2.2. Delays. Any shipping dates set forth in an Ordering Document are approximate, and while Motorola will make reasonable efforts to ship Products by any such estimated shipping date, Motorola will not be liable for any delay or related damages to Customer. Time for delivery will not be of the essence, and delays will not constitute grounds for cancellation, penalties, termination, or a refund.

2.3. Beta Services. If Motorola makes any beta version of a software application (“Beta Service”) available to Customer, Customer may choose to use such Beta Service at its own discretion, provided, however, that Customer will use the Beta Service solely for purposes of Customer’s evaluation of such Beta Service, and for no other purpose. Customer acknowledges and agrees that all Beta Services are offered “as-is” and without any representations or warranties or other commitments or protections from Motorola. Motorola will determine the duration of the evaluation period for any Beta Service, in its sole discretion, and Motorola may discontinue any Beta Service at any time. Customer acknowledges that Beta Services, by their nature, have not been fully tested and may contain defects or deficiencies.

3. Licensed Software License and Restrictions.

3.1. Licensed Software License. Subject to Customer’s and its Authorized Users’ compliance with the Agreement (including payment terms), Motorola hereby grants Customer and its

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2 Authorized Users a limited, non-transferable, non-sublicenseable, and non-exclusive license to use the Licensed Software identified in an Ordering Document, in object code form only, and the associated Documentation, solely in connection with the Equipment provided by Motorola or authorized Customer-Provided Equipment (as applicable, the “Designated Products”) and solely for Customer’s internal business purposes. Unless otherwise stated in an Addendum or the Ordering Document, the foregoing license grant will be limited to the number of licenses set forth in the applicable Ordering Document and will continue for the life of the applicable Designated Product. Except as otherwise permitted in an applicable Addendum or Ordering Document, Customer may install, access, and use Licensed Software only in Customer’s owned or controlled facilities, including any authorized mobile sites; provided, however, that Authorized Users using authorized mobile or handheld devices may also log into and access the Licensed Software remotely from any location.

3.2. Subscription License Model. If the Parties mutually agree that any Licensed Software purchased under this EPSLA will be replaced with or upgraded to Subscription Software, then upon such time which the Parties execute the applicable Ordering Document, the licenses granted under this EPSLA will automatically terminate, and such Subscription Software will be governed by the terms of the applicable Addendum under this Agreement.

3.3. Customer Restrictions. Customers and Authorized Users will comply with the applicable Documentation in connection with their use of the Products. Customer will not and will not allow others, including the Authorized Users, to: (a) make the Licensed Software available for use by unauthorized third parties, including via a commercial rental or sharing arrangement; (b) reverse engineer, disassemble, or reprogram the Licensed Software or any portion thereof to a humanreadable form; (c) modify, create derivative works of, or merge the Licensed Software with other software or equipment; (d) copy, reproduce, distribute, lend, lease, or transfer the Licensed Software or Documentation for or to any third party without the prior express written permission of Motorola; (e) take any action that would cause the Licensed Software or Documentation to be placed in the public domain; (f) use the Licensed Software to compete with Motorola; or (g) remove, alter, or obscure, any copyright or other notice.

3.4. Copies. Customer may make one (1) copy of the Licensed Software solely for archival, back-up, or disaster recovery purposes during the term of the applicable Licensed Software license. Customer may make as many copies of the Documentation reasonably required for the internal use of the Licensed Software during such Licensed Software’s license term. Unless otherwise authorized by Motorola in writing, Customer will not, and will not enable or allow any third party to: (a) install a licensed copy of the Licensed Software on more than one (1) unit of a Designated Product; or (b) copy onto or transfer Licensed Software installed in a unit of a Designated Product onto another device. Customer may temporarily transfer Licensed Software installed on a Designated Product to another device if the Designated Product is inoperable or malfunctioning, if Customer provides written notice to Motorola of the temporary transfer and identifies the device on which the Licensed is transferred. Temporary transfer of the Licensed Software to another device must be discontinued when the original Designated Product is returned to operation and the Licensed Software must be removed from the other device.

Customer must provide prompt written notice to Motorola at the time temporary transfer is discontinued.

3.5. Resale of Equipment. Equipment contains embedded Licensed Software. If Customer desires to sell its used Equipment to a third party, Customer must first receive prior written authorization from Motorola and obtain written acceptance of the applicable Licensed Software license terms, including the obligation to pay relevant license fees, from such third party.

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3 4. Term.

4.1. Term. The term of this EPSLA (the “EPSLA Term”) will commence upon either (a) the Effective Date of the MCA, if this EPSLA is attached to the MCA as of such Effective Date, or (b) the EPSLA Date set forth on the signature page below, if this EPSLA is executed after the MCA Effective Date, and will continue until the later of (i) three (3) years after the first order for Products is placed via an Ordering Document, or (ii) the expiration of all applicable warranty periods (as set forth in Section 6.1 – Motorola Warranties below) under this EPSLA, unless this EPSLA or the Agreement is earlier terminated in accordance with the terms of the Agreement.

4.2. Termination. Notwithstanding the termination provisions of the MCA, Motorola may terminate this EPSLA (and any Ordering Documents hereunder) immediately upon notice to Customer if Customer breaches Section 3 – Licensed Software License and Restrictions of this EPSLA, or any other provision related to Licensed Software license scope or restrictions set forth in an Ordering Document, EULA, or other applicable Addendum. For clarity, upon termination or expiration of the EPSLA Term, all Motorola obligations under this EPSLA (including with respect to Equipment and Licensed Software delivered hereunder) will terminate. If Customer desires to purchase additional Services in connection with such Equipment or Licensed Software, Customer may enter into a separate Addendum with Motorola, governing such Services. Customer acknowledges that Motorola made a considerable investment of resources in the development, marketing, and distribution of the Licensed Software and Documentation, and that Customer’s breach of the Agreement will result in irreparable harm to Motorola for which monetary damages would be inadequate. If Licensee breaches this Agreement, in addition to termination, Motorola will be entitled to all available remedies at law or in equity, including immediate injunctive relief and repossession of all non-embedded Licensed Software and associated Documentation.

4.3. Equipment as a Service. In the event that Customer purchases any Equipment at a price below the MSRP for such Equipment in connection Customer entering into a fixed- or minimum required-term agreement for Subscription Software, and Customer or Motorola terminates the Agreement, this EPSLA, or other applicable Addendum (such as the Addendum governing the purchase of such Subscription Software) prior to the expiration of such fixed- or minimum required-term, then Motorola will have the right to invoice Customer for, and Customer will pay, the amount of the discount to the MSRP for the Equipment or such other amount set forth in the applicable Addendum or Ordering Document. This Section will not limit any other remedies Motorola may have with respect to an early termination.

5. Payment. Customer will pay invoices for the Products and Services provided under this EPSLA in accordance with the invoice payment terms set forth in the MCA. Generally, invoices are issued after shipment of Equipment or upon Motorola’s delivery of Licensed Software (in accordance with Section 2.1 – Delivery and Risk of Loss), as applicable, but if a specific invoicing or payment schedule is set forth in the applicable Ordering Document, EULA or other Addendum, such schedule will control with respect to the applicable Products and Services referenced therein. Motorola will have the right to suspend future deliveries of Products and Services if Customer fails to make any payments when due.

6. Representations and Warranties; Liability.

6.1. Motorola Warranties. Subject to the disclaimers and exclusions set forth in the MCA and this EPSLA, (a) for a period of one (1) year commencing upon the delivery of Motorolamanufactured Equipment under Section 2.1 – Delivery and Risk of Loss, Motorola represents and warrants that such Motorola-manufactured Equipment, under normal use, will be free from

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4 material defects in materials and workmanship; (b) to the extent permitted by the providers of third-party software or hardware included in the Products and Services, Motorola will pass through to Customer any warranties provided by such third parties, which warranties will apply for the period defined by the applicable third party; and (c) for a period of ninety (90) days commencing upon the delivery of Motorola-owned Licensed Software under Section 2.1 – Delivery and Risk of Loss, Motorola represents and warrants that such Licensed Software, when used in accordance with the Documentation and the Agreement, will be free from reproducible defects that prevent operation of features critical to the primary functionality or successful operation of the Motorola-developed Licensed Software (as determined by Motorola). The warranty set forth in subsection (c) will be referred to as the “Motorola Licensed Software Warranty”. As Customer’s sole and exclusive remedy for any breach of the Motorola Licensed Software Warranty, Motorola will use commercially reasonable efforts to remedy the material defect in the applicable Licensed Software; provided, however, that if Motorola does not remedy such material defect within a reasonable time, then at Motorola’s sole option, Motorola will either replace the defective Licensed Software with functionally-equivalent software, provide substitute software to Customer, or terminate the applicable software license and refund any paid license fees to Customer on a prorata basis. For clarity, the Motorola Licensed Software Warranty applies only to the most current version of the Licensed Software issued by Motorola, and issuance of updated versions of any Licensed Software does not result in a renewal or extension of the Motorola Licensed Software Warranty beyond the ninety (90) day warranty period.

6.2. ADDITIONAL EXCLUSIONS. IN ADDITION TO THE EXCLUSIONS FROM DAMAGES

SET FORTH IN THE MCA, AND NOTWITHSTANDING ANY PROVISION OF THE AGREEMENT

TO THE CONTRARY, MOTOROLA WILL HAVE NO LIABILITY FOR (A) DEFECTS IN OR

DAMAGE TO PRODUCTS RESULTING FROM USE OTHER THAN IN THE NORMAL AUTHORIZED MANNER, OR FROM ACCIDENT, LIQUIDS, OR NEGLECT; (B) TESTING,

MAINTENANCE, REPAIR, INSTALLATION, OR MODIFICATION BY PARTIES OTHER THAN MOTOROLA; (C) CUSTOMER’S OR ANY AUTHORIZED USER’S FAILURE TO COMPLY WITH INDUSTRY AND OSHA OR OTHER LEGAL STANDARDS; (D) DAMAGE TO RADIO ANTENNAS, UNLESS CAUSED BY DEFECTS IN MATERIAL OR WORKMANSHIP; (E) EQUIPMENT WITH NO SERIAL NUMBER; (F) BATTERIES OR CONSUMABLES; (G) FREIGHT COSTS FOR SHIPMENT TO REPAIR DEPOTS; (H) COSMETIC DAMAGE THAT DOES NOT AFFECT OPERATION; (I) NORMAL WEAR AND TEAR; (J) ISSUES OR OBSOLESCENCE OF

LICENSED SOFTWARE DUE TO CHANGES IN CUSTOMER OR AUTHORIZED USER REQUIREMENTS, EQUIPMENT, OR SYSTEMS; (K) TRACKING AND LOCATION-BASED SERVICES; OR (L) BETA SERVICES.

6.3. Voluntary Remedies. Motorola is not obligated to remedy, repair, replace, or refund the purchase price for the disclaimed or excluded issues in the MCA or Section 6.2 – Additional Exclusions above, but if Motorola agrees to provide Services to help resolve such issues, Customer will reimburse Motorola for its reasonable time and expenses, including by paying Motorola any Fees set forth in an Ordering Document for such Services, if applicable.

7. Copyright Notices. The existence of a copyright notice on any Licensed Software will not be construed as an admission or presumption of publication of the Licensed Software or public disclosure of any trade secrets associated with the Licensed Software.

8. Survival. The following provisions will survive the expiration or termination of this EPSLA for any reason: Section 3 – Licensed Software License and Restrictions; Section 4 – Term; Section 5 – Payment; Section 6.2 – Additional Exclusions; Section 8 – Survival.

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1 Exhibit A

PRICE LIST
Category APC Description Total Discount Off List Price
Subscriber 22 APX N70 37.95000%
Subscriber 287 APX N50 37.95000%
Subscriber 657 APX N30 37.95000%
Subscriber 621 APX Next XN All-band 37.95000%
Subscriber 671 APX Next XN Single Band 37.95000%
Subscriber 142 APX Next Single Band 37.95000%
Subscriber 437 APX Next All-band 37.95000%
Subscriber 837 APX 900 / APX 1000 37.95000%
Subscriber 426 APX 4000 / APX 2000 37.95000%
Subscriber 305 APX 4000 XH 37.95000%
Subscriber 755 APX 6000 Li 37.95000%
Subscriber 481 APX 6000 37.95000%
Subscriber 756 APX 6000 XE 37.95000%
Subscriber 579 APX 8000 37.95000%
Subscriber 581 APX 8000 XE 37.95000%
Subscriber 673 APX 8000 H 37.95000%
Subscriber 471 APX 4500 / APX 2500 37.95000%
Subscriber 652 APX 6500 Li 37.95000%
Subscriber 527 APX 6500 37.95000%
Subscriber 681 APX 8500 37.95000%
Subscriber 761 APX 8500 Consolette 37.95000%
Subscriber 655 APX 7000 - General Feature 37.95000%
Subscriber 656 APX 7500 - General Feature 37.95000%
Subscriber 201 KVL II 10.00000%
Subscriber 462 KLV 3000 10.00000%
Subscriber 332 Conv Flashport Subscr 20.00000%
Subscriber 430 Flashport SW Upgrade 20.00000%
Subscriber 470 APX Soldier 27.00000%
Subscriber 536 APX Covert Portable 27.00000%
Subscriber 712 Smart Services 0.00000%
Accessories 271 Carry Cases 25.00000%
Accessories 372 Speaker Microphones 20.00000%
Accessories 453 CGISS Batteries 25.00000%
Accessories 554 Mobile Antennas 15.00000%
Accessories 555 Misc Accessories 20.00000%
Accessories 742 Portable Audio Accessories 25.00000%
Accessories 785 Chargers Reconditioners 25.00000%
Accessories 189 Mobile Accessories 15.00000%
Accessories 362 Cable Accessories 20.00000%
Warranty 185 Radio Warranty 0%
Warranty 724 APX NEXT DMS 0%

EXHIBIT A
358
Subscription Software Addendum V.2023.02.17 1
Subscription Software Addendum
This Subscription Software Addendum (this “SSA”) is entered into between Motorola Solutions, Inc., with offices at 500 W. Monroe Street, Suite 4400, Chicago, IL 60661 (“Motorola”) and the entity set forth in the signature block below or in the MCA (“Customer”), and will be subject to, and governed by, the terms of the Motorola Solutions Customer Agreement entered into between the Parties, effective as of 2/1/2025 (the “MCA”). Capitalized terms used in this SSA, but not defined herein, will have the meanings set forth in the MCA.

1. Addendum. This SSA governs Customer’s purchase of Subscription Software (and, if set forth in an Ordering Document, related Services) from Motorola, and will form part of the Parties’ Agreement. Additional Subscription Software-specific Addenda or other terms and conditions may apply to certain Subscription Software, where such terms are provided or presented to Customer.

2. Delivery of Subscription Software.

2.1. Delivery. During the applicable Subscription Term (as defined below), Motorola will provide to Customer the Subscription Software set forth in an Ordering Document, in accordance with the terms of the Agreement. Motorola will provide Customer advance notice (which may be provided electronically) of any planned downtime. Delivery will occur upon Customer’s receipt of credentials required for access to the Subscription Software or upon Motorola otherwise providing access to the Subscription Software. If agreed upon in an Ordering Document, Motorola will also provide Services related to such Subscription Software.

2.2. Modifications. In addition to other rights to modify the Products and Services set forth in the MCA, Motorola may modify the Subscription Software, any associated recurring Services and any related systems so long as their functionality (as described in the applicable Ordering Document) is not materially degraded. Documentation for the Subscription Software may be updated to reflect such modifications. For clarity, new features or enhancements that are added to any Subscription Software may be subject to additional Fees.

2.3. User Credentials. If applicable, Motorola will provide Customer with administrative user credentials for the Subscription Software, and Customer will ensure such administrative user credentials are accessed and used only by Customer’s employees with training on their proper use. Customer will protect, and will cause its Authorized Users to protect, the confidentiality and security of all user credentials, including any administrative user credentials, and maintain user credential validity, including by updating passwords. Customer will be liable for any use of the Subscription Software through such user credential (including through any administrative user credentials), including any changes made to the Subscription Software or issues or user impact arising therefrom. To the extent Motorola provides Services to Customer in order to help resolve issues resulting from changes made to the Subscription Software through user credentials, including through any administrative user credentials, or issues otherwise created by Authorized Users, such Services will be billed to Customer on a time and materials basis, and Customer will pay all invoices in accordance with the payment terms of the MCA.

2.4. Beta Services. If Motorola makes any beta version of a software application (“Beta Service”) available to Customer, Customer may choose to use such Beta Service at its own discretion, provided, however, that Customer will use the Beta Service solely for purposes of Customer’s evaluation of such Beta Service, and for no other purpose. Customer acknowledges and agrees that all Beta Services are offered “as-is” and without any representations or warranties or other commitments or protections from Motorola. Motorola will determine the

EXHIBIT A
359
Subscription Software Addendum V.2023.02.17 2
duration of the evaluation period for any Beta Service, in its sole discretion, and Motorola may discontinue any Beta Service at any time. Customer acknowledges that Beta Services, by their nature, have not been fully tested and may contain defects or deficiencies.

3. Subscription Software License and Restrictions.

3.1. Subscription Software License. Subject to Customer’s and its Authorized Users’ compliance with the Agreement, including payment terms, Motorola hereby grants Customer and its Authorized Users a limited, non-transferable, non-sublicenseable, and non-exclusive license to use the Subscription Software identified in an Ordering Document, and the associated Documentation, solely for Customer’s internal business purposes. The foregoing license grant will be limited to use in the territory and to the number of licenses set forth in an Ordering Document (if applicable), and will continue for the applicable Subscription Term. Customer may access, and use the Subscription Software only in Customer’s owned or controlled facilities, including any authorized mobile sites; provided, however, that Authorized Users using authorized mobile or handheld devices may also log into and access the Subscription Software remotely from any location. No custom development work will be performed under this Addendum.

3.2. End User Licenses. Motorola may use, engage, resell, or otherwise interface with thirdparty software, hardware or services providers (such as, for example, third-party end point detection and response providers) and other sub-processors, who in turn may engage additional sub-processors to process personal data and other Customer Data. Customer agrees that such third-party software or services providers, sub-processors or their respective sub-processors may process and use personal and other Customer Data in accordance with and subject to their own respective licenses or terms and in accordance with applicable law. Customer authorizes and will provide and obtain all required notices and consents, if any, and comply with other applicable legal requirements, if any, with respect to such collection and use of personal data and other Customer Data by Motorola, and its subcontractors, sub-processors and/or third-party software, hardware or services providers. Notwithstanding any provision to the contrary, to the extent the use or performance of certain Services is governed by any separate license, data requirement, EULA, privacy statement, or other applicable agreement, including terms governing third-party software, hardware or services, including open source software, Customer will comply, and ensure its Authorized Users comply, with any such agreements or terms, which shall govern any such Services.

3.3. Customer Restrictions. Customers and Authorized Users will comply with the applicable Documentation and the copyright laws of the United States and all other relevant jurisdictions (including the copyright laws where Customer uses the Subscription Software) in connection with their use of the Subscription Software. Customer will not, and will not allow others including the Authorized Users, to make the Subscription Software available for use by unauthorized third parties, including via a commercial rental or sharing arrangement; reverse engineer, disassemble, or reprogram software used to provide the Subscription Software or any portion thereof to a human-readable form; modify, create derivative works of, or merge the Subscription Software or software used to provide the Subscription Software with other software; copy, reproduce, distribute, lend, or lease the Subscription Software or Documentation for or to any third party; take any action that would cause the Subscription Software, software used to provide the Subscription Software, or Documentation to be placed in the public domain; use the Subscription Software to compete with Motorola; remove, alter, or obscure, any copyright or other notice; share user credentials (including among Authorized Users); use the Subscription Software to store or transmit malicious code; or attempt to gain unauthorized access to the Subscription Software or its related systems or networks.

EXHIBIT A
360
Subscription Software Addendum V.2023.02.17 3

4. Term.

4.1. Subscription Terms. The duration of Customer’s subscription to the first Subscription Software and any associated recurring Services ordered under this SSA (or the first Subscription Software or recurring Service, if multiple are ordered at once) will commence upon delivery of such Subscription Software (and recurring Services, if applicable) and will continue for a twelve (12) month period or such longer period identified in an Ordering Document (the “Initial Subscription Period”). Following the Initial Subscription Period, Customer’s subscription to the Subscription Software and any recurring Services will automatically renew for additional twelve (12) month periods (each, a “Renewal Subscription Year”), unless either Party notifies the other Party of its intent not to renew at least thirty (30) days before the conclusion of the then-current Subscription Term. (The Initial Subscription Period and each Renewal Subscription Year will each be referred to herein as a “Subscription Term”.) Motorola may increase Fees prior to any Renewal Subscription Year. In such case, Motorola will notify Customer of such proposed increase no later than thirty (30) days prior to commencement of such Renewal Subscription Year.

Unless otherwise specified in the applicable Ordering Document, if Customer orders any additional Subscription Software or recurring Services under this SSA during an in-process Subscription Term, the subscription for each new Subscription Software or recurring Service will (a) commence upon delivery of such Subscription Software or recurring Service, and continue until the conclusion of Customer’s then-current Subscription Term (a “Partial Subscription Year”), and (b) automatically renew for Renewal Subscription Years thereafter, unless either Party notifies the other Party of its intent not to renew at least thirty (30) days before the conclusion of the then-current Subscription Term. Thus, unless otherwise specified in the applicable Ordering Document, the Subscription Terms for all Subscription Software and recurring Services hereunder will be synchronized.

4.2. Term. The term of this SSA (the “SSA Term”) will commence upon either (a) the Effective Date of the MCA, if this SSA is attached to the MCA as of such Effective Date, or (b) the SSA Date set forth on the signature page below, if this SSA is executed after the MCA Effective Date, and will continue until the expiration or termination of all Subscription Terms under this SSA, unless this SSA or the Agreement is earlier terminated in accordance with the terms of the Agreement.

4.3. Termination. Notwithstanding the termination provisions of the MCA, Motorola may terminate this SSA (or any Addendum or Ordering Documents hereunder), or suspend delivery of Subscription Software or Services, immediately upon notice to Customer if (a) Customer breaches Section 3 – Subscription Software License and Restrictions of this SSA, or any other provision related to Subscription Software license scope or restrictions set forth in an Addendum or Ordering Document, or (b) it determines that Customer’s use of the Subscription Software poses, or may pose, a security or other risk or adverse impact to any Subscription Software, Motorola, Motorola’s systems, or any third party (including other Motorola customers). Customer acknowledges that Motorola made a considerable investment of resources in the development, marketing, and distribution of the Subscription Software and Documentation, and that Customer’s breach of the Agreement will result in irreparable harm to Motorola for which monetary damages would be inadequate. If Customer breaches this Agreement, in addition to termination, Motorola will be entitled to all available remedies at law or in equity (including immediate injunctive relief).

4.4. Wind Down of Subscription Software. In addition to the termination rights in the MCA, Motorola may terminate any Ordering Document and Subscription Term, in whole or in part, in the event Motorola plans to cease offering the applicable Subscription Software or Service to customers.

EXHIBIT A
361
Subscription Software Addendum V.2023.02.17 4

5. Payment.

5.1. Payment. Unless otherwise provided in an Ordering Document (and notwithstanding the provisions of the MCA), Customer will prepay an annual subscription Fee set forth in an Ordering Document for each Subscription Software and associated recurring Service, before the commencement of each Subscription Term. For any Partial Subscription Year, the applicable annual subscription Fee will be prorated based on the number of months in the Partial Subscription Year. The annual subscription Fee for Subscription Software and associated recurring Services may include certain one-time Fees, such as start-up fees, license fees, or other fees set forth in an Ordering Document. Motorola will have the right to suspend the Subscription Software and any recurring Services if Customer fails to make any payments when due. The parties acknowledge that pricing for Cyber Services is dependent on the full term or subscription periods specified in any such Ordering Document. Motorola will have the right to suspend the Services if Customer fails to make any payments when due

5.2. License True-Up. Motorola will have the right to conduct an audit of total user licenses credentialed by Customer for any Subscription Software during a Subscription Term, and Customer will cooperate with such audit. If Motorola determines that Customer’s usage of the Subscription Software during the applicable Subscription Term exceeded the total number of licenses purchased by Customer, Motorola may invoice Customer for the additional licenses used by Customer, pro-rated for each additional license from the date such license was activated, and Customer will pay such invoice in accordance with the payment terms in the MCA.

5.3. Customer Data. For avoidance of doubt, for Cyber Services so long as not specifically identifying the Customer, “Customer Data,” as defined in the MCA, shall not include, and Motorola shall be free to use, share and leverage security threat intelligence and mitigation data generally, including without limitation, third party threat vectors and IP addresses, file hash information, domain names, malware signatures and information, information obtained from third party sources, indicators of compromise, and tactics, techniques, and procedures used, learned or developed in the course of providing Services

5.4. Future Regulatory Requirements. The Parties acknowledge and agree that Cyber Service is an evolving technological area and therefore, laws and regulations regarding Services may change. Changes to existing Services required to achieve regulatory compliance may be available for an additional fee. Any required changes may also impact the price for Services.

6. Liability.

6.1. ADDITIONAL EXCLUSIONS. IN ADDITION TO THE EXCLUSIONS FROM DAMAGES

SET FORTH IN THE MCA, AND NOTWITHSTANDING ANY PROVISION OF THE AGREEMENT

TO THE CONTRARY, MOTOROLA WILL HAVE NO LIABILITY FOR (A) INTERRUPTION OR FAILURE OF CONNECTIVITY, VULNERABILITIES, OR SECURITY EVENTS; (B) DISRUPTION OF OR DAMAGE TO CUSTOMER’S OR THIRD PARTIES’ SYSTEMS, EQUIPMENT, OR DATA,

INCLUDING DENIAL OF ACCESS TO USERS, OR SHUTDOWN OF SYSTEMS CAUSED BY INTRUSION DETECTION SOFTWARE OR HARDWARE; (C) AVAILABILITY OR ACCURACY

OF ANY DATA AVAILABLE THROUGH THE SUBSCRIPTION SOFTWARE OR SERVICES, OR INTERPRETATION, USE, OR MISUSE THEREOF; (D) TRACKING AND LOCATION-BASED SERVICES; OR (E) BETA SERVICES.

6.2. Direct Damages . For avoidance of doubt, notwithstanding the limitation set out in Section 8.2 of the MCA, the direct damages limitation for Cyber services provided under this

EXHIBIT A
362
Subscription Software Addendum V.2023.02.17 5
SSA and limited to the fees, or the portion of fees, relating only to the Cyber Security Services under this SSA, even if such Services are offered or bundled with other Motorola services.

6.3. Voluntary Remedies. Motorola is not obligated to remedy, repair, replace, or refund the purchase price for the disclaimed or excluded issues in the MCA or Section 6.1 – Additional Exclusions above, but if Motorola agrees to provide Services to help resolve such issues, Customer will reimburse Motorola for its reasonable time and expenses, including by paying Motorola any Fees set forth in an Ordering Document for such Services, if applicable.

7. Motorola as a Controller or Joint Controller. In all instances where Motorola acts as a controller of data, it will comply with the applicable provisions of the Motorola Privacy Statement at https://www.motorolasolutions.com/en_us/about/privacy-policy.html#privacystatement, as may be updated from time to time. Motorola holds all Customer Contact Data as a controller and shall Process such Customer Contact Data in accordance with the Motorola Privacy Statement.

In instances where Motorola is acting as a joint controller with Customer, the Parties will enter into a separate Addendum to the Agreement to allocate the respective roles as joint controllers.

8. Survival. The following provisions will survive the expiration or termination of this SSA for any reason: Section 4 – Term; Section 5 – Payment; Section 6.1 – Additional Exclusions; Section 8 – Survival.

EXHIBIT A
363
Subscription Services Addendum
Exhibit A: Verizon Service Terms - APXNext
For purposes of this Addendum, “Service” means wireless services provided directly or indirectly by Verizon which may include but it is not limited to data transmission services between wireless devices and computer servers or other machines, or between wireless devices, with limited or no manual intervention or supervision. Customer acknowledges that Motorola is not a Telecommunications Services Provider, as defined In the 4 7 U.S.C.A sec. 163, and to Include within that definition, but not be limited lo, Inter-exchange Carrier, BLEC, CLEC, ILEC and/or DLEC, or wireless service provider pursuant to licenses Issued by the FCC pursuant to the FCC's rules.

Customer agrees to comply with the additional responsibilities for access to and use of the Service provided by Verizon:

Service Availability. The Service uses radio technologies and is subject to transmission and service area limitations, interruptions and dropped calls caused by atmospheric, topographical or environmental conditions, cell. site availability, equipment or its installation, governmental regulations, system limitations, maintenance or other conditions or activities affecting Service operation. The Service and/or features may not be available in all areas. The Service is only available within each applicable calling plan coverage area, within the operating range of the wireless systems, and with equipment that is authorized to operate on Verizon's network.

WARRANTY DISCLAIMER. VERIZON AND ITS AFFILIATES AND CONTRACTORS MAKE NO WARRANTIES

WHATSOEVER, DIRECTLY OR INDIRECTLY, EXPRESS OR IMPLIED, AS TO THE SUITABILITY, DURABILITY,

FITNESS FOR USE, QUALITY, PERFORMANCE OR NON-INFRINGEMENT OF THE SERVICE OR EQUIPMENT OR

THEIR USE IN CONNECTION WITH THE CUSTOMER PROVIDED EQUIPMENT OR THE COMPANY PRODUCT OR SERVICE. WITH RESPECT TO VERIZON.

Content Disclaimer. Neither Verizon nor Motorola exercises control over nor has any responsibility for the accuracy, quality, security or other aspect of any content accessed, received, transmitted, stored, processed or used through Verizon facilities or any Services (except to the extent particular Services explicitly state otherwise). Customer accesses, receives, transmits, stores, processes, or uses any content at its own risk. Customer is solely responsible for selecting and using the level of security protection needed for the content it is accessing, receiving. storing, processing or using, including without limitation Customer Data, individual health and financial content. Verizon is not responsible if the level of security protection Customer uses for any particular content is insufficient to prevent its unauthorized access or use, to comply with applicable law, or to otherwise fully protect the interests of Customer and others in that content.

Use of Customer Data. Verizon, Verizon Affiliates and their respective agents, may use, process and/or transfer Customer Data (including intra-group transfers and transfers to entities in countries that do not provide statutory protections for personal information): (a) in connection with provisioning of Services; (b) to incorporate Customer Data into databases controlled by Verizon, Verizon Affiliates or their respective agents for the purpose of providing Services; administration; provisioning; billing and reconciliation; verification of Customer identity, solvency and creditworthiness; maintenance, support and product development; fraud detection and prevention; sales, revenue and customer analysis and reporting; market and customer use analysis; and (c) to communicate to Customer regarding Services.

Network Monitoring. Transmissions passing through Verizon Facilities may be subject to legal intercept and monitoring activities by Verizon, its suppliers or local authorities in accordance with applicable local law requirements. To the extent consent or notification is required by Customer or end users under applicable data protection or other laws, Customer grants its consent under this Agreement and represents that it will have at all relevant times the necessary consents from all end users.

Customer Consent. Customer warrants that it has obtained or will obtain all legally required consents and permissions from relevant parties (including data subjects) for the use, processing and transfer of Customer Data as described in this clause.

EXHIBIT A
364
Customer Consent to Use of U.S. Customer Proprietary Network Information ("CPNI"). [Not Applicable to Arizona customers.] Verizon and its affiliates (the "Verizon Companies") may need Customer's permission to share information about Customer as described below. The Federal Communications Commission (''FCC”) and various states require Verizon to protect certain information that is made available to it solely by virtue of Customer relationship with it. This information is known as Customer Proprietary Network Information CPNI"), and it includes information relating to the quantity, technical configuration, type, destination, location, and amount of use of Customer telecommunications services purchased (including specific calls Customer makes and receives) and related local and toll billing information. CPNI does not include subscriber lists or published information (listed or unlisted), such as Customer's name, telephone number and address; such information is not subject to the CPNI rules' use limitations. The Verizon Companies acknowledge that Customer has a right under federal and state law to protect the confidentiality of Customer's CPNI, and to direct the Verizon Companies not to use Customer's CPNI or to limit use and disclosure of and access to it, and the Verizon Companies have a duty to comply with the limitations Customer designates. By its signature on this Agreement, Customer grants the Verizon Companies permission, solely for the purpose of offering Customer current and future products and services available from the Verizon Companies and from the Vodafone Companies, to use, to permit access to and to disclose Company's CPNI among the Verizon Companies, to their agents, contractors, and partners, and to the Vodafone Companies. (The ''Vodafone Companies" refers to Vodafone Group PLC, Vodafone Group Service Limited, their affiliates and partner networks).

User Disclosures. THE CUSTOMER UNDERSTANDS AND AGREES THAT IT: (1) HAS NO CONTRACTUAL RELATIONSHIP WITH THE UNDERLYING SERVICE PROVIDER OR ITS AFFILIATES OR CONTRACTORS; (2) IS NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN MOTOROLA SOLUTIONS INC. AND THE UNDERLYING CARRIER; AND (3) ACKNOWLEDGES AND AGREES THAT THE UNDERLYING CARRIER AND ITS

AFFILIATES AND CONTRACTORS SHALL HAVE NO LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO CUSTOMER AND CUSTOMER HEREBY WAIVES ANY AND ALL CLAIMS OR DEMANDS THEREFOR.

LIMITATION OF LIABILITY. NOTWITHSTANDING THE TERMS OF THE PRIMARY AGREEMENT, NEITHER

MOTOROLA NOR VERIZON AND THEIR AFFILIATES AND CONTRACTORS WILL HAVE ANY LIABILITY TO CUSTOMER OR ANY END USER:

A) IF CHANGES IN THE SERVICE OR IN THE VERIZON NETWORK, SYSTEMS, OPERATIONS,

EQUIPMENT, POLICIES OR PROCEDURES RENDER OBSOLETE OR OUTDATED ANY EQUIPMENT, HARDWARE, DEVICES OR SOFTWARE;

B) FOR ANY CAUSES OF ACTION, LOSSES OR DAMAGES OF ANY KIND WHATSOEVER ARISING

OUT OF (I) MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, OR DEFECTS IN FURNISHING

THE SERVICE, (II) FAILURES OR DEFECTS IN THE VERIZON NETWORK OR SYSTEMS,

C) FOR ANY INJURY TO PERSONS OR PROPERTY, LOSSES (INCLUDING ANY LOSS OF

BUSINESS), DAMAGES, CLAIMS OR DEMANDS OF ANY KIND OR NATURE, INCLUDING, BUT

NOT LIMITED TO, USE OR INABILITY TO USE THE SERVICE, RELIANCE BY CUSTOMER ON ANY

DATA PROVIDED OR OBTAINED THROUGH USE OF THE SERVICE, ANY INTERRUPTION,

DEFECT, ERROR, VIRUS, OR DELAY IN OPERATION OR TRANSMISSION, ANY FAILURE TO

TRANSMIT OR ANY LOSS OF DATA ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT. IN NO EVENT SHALL VERIZON, MOTOROLA, OR ITS VENDORS BE LIABLE FOR

LOSSES, DAMAGES, CLAIMS OR EXPENSES OF ANY KIND ARISING OUT OF THE USE OR

ATTEMPTED USE OF, OR THE INABILITY TO ACCESS, LIFE SUPPORT OR MONITORING SYSTEMS OR DEVICES, 911 OR E9l I, OR OTHER EMERGENCY NUMBERS OR SERVICES; OR INTENTIONAL MISCONDUCT. FOR THE AVOIDANCE OF DOUBT, UNDER NO CIRCUMSTANCES SHALL VERIZON'S OR MOTOROLA’S EXERCISE OF ANY RIGHTS SET FORTH IN THIS ADDENDUM BE DEEMED WILLFUL OR INTENTIONAL MISCONDUCT.

EXHIBIT A
365
Subscription Services Addendum
Exhibit A: FirstNet and AT&T Service Terms
Public Safety Entity (“Customer”) Responsibilities for access to and use of “First Net” Service as provided by AT&T
General. The Customer is responsible for complying with AT&T Acceptable Use Policy found at att.com/aup and applicable AT&T Service Guides found at att.com/servicepublications.

Privacy. The Customer is responsible for complying with all applicable privacy laws. The Customer is responsible for obtaining consent from and giving notice to its Users regarding Motorola’s and AT&T’s collection and use of User information in connection with a Service. The Customer will only make accessible or provide Personal Data to Motorola and AT&T when it has the legal authority to do so.

User Eligibility. The Customer shall verify, or assist Motorola and AT&T in verifying, as stated below, the eligibility of its Users to use the Service. The Customer is required to verify and confirm that its Users are authorized and eligible to use Service. The Customer must perform periodic audits on a regular, but not less than once per year, basis to identify any individuals who are no longer eligible for Service. The Customer must produce such information as may be requested through AT&T by the FirstNet Authority and the United States Government to verify eligibility of its users.

Limitations on the Service. THE CUSTOMER ACKNOWLEDGES THAT SERVICE IS MADE AVAILABLE ONLY WITHIN THE OPERATING RANGE OF THE NETWORKS. SERVICE MAY BE TEMPORARILY REFUSED, INTERRUPTED, OR LIMITED BECAUSE OF: (A) FACILITIES LIMITATIONS; (B) TRANSMISSION LIMITATIONS CAUSED BY ATMOSPHERIC,

TERRAIN, OTHER NATURAL OR ARTIFICIAL CONDITIONS ADVERSELY AFFECTING TRANSMISSION, WEAK

BATTERIES, SYSTEM OVERCAPACITY, MOVEMENT OUTSIDE A SERVICE AREA OR GAPS IN COVERAGE IN A SERVICE AREA AND OTHER CAUSES REASONABLY OUTSIDE OF MOTOROLA OR AT&T’S CONTROL SUCH AS, BUT

NOT LIMITED TO, INTENTIONAL OR NEGLIGENT ACTS OF THIRD PARTIES THAT DAMAGE OR IMPAIR THE NETWORK OR DISRUPT SERVICE; OR (C) EQUIPMENT MODIFICATIONS, UPGRADES, RELOCATIONS, REPAIRS, AND OTHER SIMILAR ACTIVITIES NECESSARY FOR THE PROPER OR IMPROVED OPERATION OF SERVICE.

Limitations on Service of Carrier Partners. CARRIER PARTNER NETWORKS ARE MADE AVAILABLE AS-IS AND

MOTOROLA AND AT&T MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE AVAILABILITY OR QUALITY

OF ROAMING SERVICE PROVIDED BY CARRIER PARTNERS, AND MOTOROLA AND AT&T WILL NOT BE LIABLE IN ANY CAPACITY FOR ANY ERRORS, OUTAGES, OR FAILURES OF CARRIER PARTNER NETWORKS. ROAMING ON

CARRIER PARTNER NETWORKS OUTSIDE THE FIRSTNET SERVICE AREA (IF ANY) SHALL BE AVAILABLE AS DESCRIBIED IN THE SERVICE GUIDE.

User Disclosures. THE CUSTOMER UNDERSTANDS AND AGREES THAT IT: (1) HAS NO CONTRACTUAL RELATIONSHIP WITH THE UNDERLYING WIRELESS SERVICE CARRIER; (2) IS NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN [CUSTOMER] AND THE UNDERLYING CARRIER; (3) THAT THE UNDERLYING CARRIER HAS NO LIABILITY OF ANY KIND TO [USER], WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE; AND (4) THAT DATA TRANSMISSIONS AND MESSAGES MAY BE DELAYED, DELETED OR NOT DELIVERED, AND 911 OR SIMILAR EMERGENCY CALLS MAY NOT BE

COMPLETED
Medical Devices (FDA and HIPAA Responsibilities). The Customer shall be responsible for FDA compliance as a “distributor” of the Device to its users. Except as necessary to provide the Service to the Customer, The Customer shall not convey any protected health information (“PHI”) to AT&T, as that term is defined in the Health Insurance Portability and Accountability Act (“HIPAA”) and the Health Information Technology for Economic and Clinical Health (“HITECH”) Act regulations. Motorola and/or AT&T shall not function as the Customer’s business associate in rendering the Services; such Services will be limited to providing conduit or mere data transmission services to the Customer in accordance with guidance on the “conduit exception” under HIPAA. Each Party shall bear its own costs associated with regulatory compliance.

Audits. Customer may be subject to occasional audits by AT&T or its agents to verify compliance with this Exhibit A.

Motorola Confidential Propritary

EXHIBIT A
366
CITY COUNCIL STAFF REPORT ITEM NO. 5.14
DATE: June 9, 2025
TO: Honorable Mayor and City Council
FROM: Jeramy Young, Police Chief
SUBJECT: Resolution authorizing the execution of the second amendment to an agreement with Flock Safety, Inc. for the License Plate Reader (LPR) camera expansion, increasing the amount not-to-exceed $815,000.

RECOMMENDED ACTION
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute the second amendment to an agreement with Flock Safety, Inc. for an additional 40 License Plate Reader (LPR) cameras and software subscription within the City of Livermore to replace the existing Motorola Vigilant LPR cameras in an amount not-to-exceed $815,000.

SUMMARY
Staff recommends the purchase, delivery, and installation of 40 replacement LPR cameras from Flock Safety, Inc. The current Motorola Vigilant LPR cameras are at the end of their life and need replacement.

This second agreement amendment will add an additional 40 cameras to the existing 20 Flock camera agreement, which includes all software subscriptions to operate the camera system and perform investigative analysis, for an additional $594,037 on top of the original agreement of $218,600.

DISCUSSION
The Livermore Police Department has used License Plate Reader (LPR) cameras since 2014. The current LPRs have reached their end of life and need to be replaced. Flock Safety has performed a site assessment and concluded that 40 LPR cameras can replace the 79 existing cameras due to advancements in camera technology and lane span. This second agreement amendment will add an additional 40 cameras to the existing 20 Flock cameras agreement, which includes all software subscriptions to operate the camera system and perform investigative analysis.

FISCAL AND ADMINISTRATIVE IMPACTS
The Police Department’s approved budget for FY 2024-25 has sufficient funds for the purchase, installation, and subscription costs of the additional Flock cameras, which total $131,849 for the first 367
year.

COMMUNITY PILLAR
1: A Safe Community That Thrives
GOAL
2: Public Safety

ATTACHMENTS

1. Resolution

2. Exhibit A - Flock Safety Amendment No. 2
Prepared by: Deirdre Ramsey
Business Manager
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
368
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE EXECUTION OF AN
AGREEMENT AMENDMENT WITH FLOCK SAFETY, INC.

The City of Livermore Police Department requires license plate reader (LPR) camera replacements. The Police Department wishes to execute the second amendment to an agreement with Flock Safety, Inc. for the purchase, delivery, and installation of 40 additional LPR cameras to the existing 20 Flock camera agreement term.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby authorizes the City Manager, or her designee, to execute the second amendment to an agreement with Flock Safety, Inc. in an amount not-to-exceed $815,000, attached hereto as Exhibit A.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on June 09, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED AS TO FORM:
___________________________ /s/ Daniel R. Gonzales
Deborah L. Elam Daniel R. Gonzales
City Clerk Deputy City Attorney
Exhibit A: Flock Safety, Inc. Agreement Amendment
369
OEAMENDMENT
This amendment (“Amendment”) supersedes and amends the previously executed agreement between the Parties, dated 03/13/2024, relating to the provision of services by Flock Group Inc. (“Flock”) to CA - City of Livermore PD (“Customer”) and any schedules or exhibits attached thereto or incorporated therein by reference (the “Agreement”). The remainder of the Agreement shall remain in full force and effect. In the event of a conflict between this Amendment and the Agreement the terms of this Amendment will prevail. Any capitalized terms used in this Amendment will have the same meaning as in the Agreement, unless expressly defined otherwise. This Amendment is effective upon execution by both Parties (the “Effective Date”).

The Agreement is amended as follows: Any applicable Flock Hardware/Software, Professional Services and/or One Time Purchases listed on the table(s) below are added into the Agreement in its entirety. Any recurring fees added to the Agreement through this Amendment will be prorated as of the Effective Date of this Amendment. Any prorated amounts provided are for recurring fees only and subject to change based on Effective Date. After the current Term, Customer shall pay the fees as set forth in the applicable product tables pursuant to payment terms indicated on the Order Form or prior Agreement.

Hardware and Software Products
Annual recurring amounts over subscription term
Item Cost Quantity Total
Flock Safety Platform $153,200.00
Flock Safety Flock OS
Enhanced LPR Upgrade Included 1 Included
Flock Safety LPR Products
Flock Safety LPR, fka Falcon Included 29 Included
Solar Long-Range LPR, fka Solar Falcon LR Included 1 Included Solar Long-Range LPR, fka Solar Falcon LR Included 2 Included Solar LPR, fka Solar Falcon Included 2 Included
Solar LPR, fka Solar Falcon Included 16 Included
Professional Services and One Time Purchases
Item Cost Quantity Total
One Time Fees
Flock Safety Professional Services
Professional Services - Standard Implementation Fee $650.00 2 $1,300.00 Professional Services - Existing Infrastructure
Implementation Fee $150.00 27 $4,050.00
Professional Services - Existing Infrastructure
Implementation Fee $150.00 1 $150.00
Professional Services - Solar Bundle Implementation
Fee $900.00 2 $1,800.00
Professional Services - Solar Bundle Implementation
Fee $900.00 8 $7,200.00
Annual Recurring Subtotal: $153,200.00

EXHIBIT A
370
Item Cost Quantity Total
Additional Products
Flock Safety Bundles
Dual Solar LPR - Standard Bundle, fka Falcon Included 8 Included Solar LPR Combo Bundle Included 2 Included
Flock Safety Platform $153,200.00
Solar LPR, fka Solar Falcon $2,400.00 16 $38,400.00
Flock Safety LPR, fka Falcon $3,000.00 29 $87,000.00
Solar Long-Range LPR, fka Solar Falcon LR $4,000.00 2 $8,000.00 Solar LPR, fka Solar Falcon $2,400.00 2 $4,800.00
Solar Long-Range LPR, fka Solar Falcon LR $5,000.00 1 $5,000.00 Enhanced LPR Upgrade $10,000.00 1 $10,000.00
Flock Safety Video Integration VMS, fka Wing Included 73 Included Flock Safety Platform - FreeForm Add-On Included 1 Included Existing Products
Flock Safety Platform $46,950.00
Flock Safety Platform - Essentials Included 1 Included
Flock Safety LPR, fka Falcon $0.00 4 $0.00
Flock Safety LPR, fka Falcon** $2,493.75 8 $19,950.00
Flock Safety LPR, fka Falcon** $2,500.00 4 $10,000.00
Flock Safety LPR, fka Falcon $3,000.00 4 $12,000.00
Outbound LPR Plate Lookup Deep Link API $5,000.00 1 $5,000.00 Reccuring (Additional + Existing)
$200,150.00
Item Cost Quantity Total
One Time Fees $14,500.00
Professional Services - Solar Infrastructure Implementation Fee $900.00 8 $7,200.00 Professional Services - Standard Infrastructure Implementation Fee $650.00 2 $1,300.00 Professional Services - Existing Infrastructure Implementation Fee $150.00 27 $4,050.00 Professional Services - Solar Infrastructure Implementation Fee $900.00 2 $1,800.00 Professional Services - Existing Infrastructure Implementation Fee $150.00 1 $150.00

EXHIBIT A
371
Annual Billing Schedule
Invoice 1 (at Signing) $131,848.64
Invoice 2 (03/13/2026) $173,150.00
Invoice 3 (03/13/2027) $173,150.00
Invoice 4 (03/13/2028) $173,150.00
Amendment Total (Phase 3): $594,036.64
Existing Contract Toral: $218,599.33
New Contract Total: $812,635.97
Payments Made: -$138,799.33
Concession Credits: -$12,538.00
API Pending Credit** -$10,000.00
Net Remaining Total Contract: $651,298.64
Annual Totals
Invoice 1: $131,848.64
Annual Recurring Phase 1 and 3 (03/12/2026 – 03/11/2029): $173,150.00 Annual Recurring Phase 2 (Already fully paid for): $27,000.00 All credits are estimates based on contract start of 06/01/2025 **Credit may be subject to change.

EXHIBIT A
372
By executing this Amendment, Customer represents and warrants that it has read and agrees to all of the terms and conditions contained in the previously executed Agreement.

FLOCK GROUP, INC. Customer: CA - City of Livermore PD
By:
\FSSignature2\
By:
\FSSignature1\
Name:
\FSFullname2\
Name:
\FP$5,$11$E85&+SFullname1\
Title:
\FSTitle2\
Title:
\FSTitle1\
Date:
\FSDateSigned2\
Date:
\FSDateSigned1\
PO Number:
$33529('$672)250

BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB
'HSXW\$VVLVWDQW6HQLRU$VVLVWDQW&LW\$WWRUQH\
N/A
Chief Legal Counsel
Mark Smith
City Manager
Marianna A. Burch

EXHIBIT A
373
CITY COUNCIL STAFF REPORT ITEM NO. 5.15
DATE: June 9, 2025
TO: Honorable Mayor and City Council
FROM: Brent Smith, Community Development Director
SUBJECT: Resolution authorizing the first amendment to Loan Agreement between the City of Livermore and Housing Consortium of the East Bay for the property located at 2346 Walnut Street.

RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution authorizing the City Manager, or her designee, to execute the first amendment to the Loan Agreement with Housing Consortium of the East Bay for the property located at 2346 Walnut Street and all other related documents authorized and described in that agreement.

SUMMARY
In May 2022, the City Council approved the allocation of $2,400,000 from the Affordable Housing Trust Fund to Housing Consortium of the East Bay (HCEB) for the acquisition of 2346 Walnut Street (the Property), with the intent to develop a substance use disorder (SUD) treatment facility for unhoused Livermore residents. Under the original agreement, if a nonprofit service provider could not be secured within two years, the Property could be repurposed for affordable multifamily housing. Following collaboration with La Familia, a nonprofit organization, it was determined through community outreach efforts and feasibility that the Property could not adequately meet the needs of the proposed treatment facility. The Developer now seeks to amend its agreement with the City to provide additional time for predevelopment activities on the Property to repurpose it for affordable housing. The Developer is exploring plans to create approximately 15 units of service-enriched housing, with a focus on providing support for unhoused senior residents. If approved, the Developer will conduct community outreach on the concept and return to the City with a development plan and timeline for approval by June 1, 2026.

DISCUSSION
On May 23, 2022, the City Council approved Resolution No. 2022-080, allocating $2,400,000 from the City’s Affordable Housing Trust Fund to the Developer for the acquisition of the property located at 2346 Walnut Street (the Property). On June 27, 2022, the City entered into an Affordable Housing Loan Agreement (the Agreement) to finance the acquisition of the Property and some predevelopment costs. 374
Under the terms of the Agreement, the Developer committed to acquiring, developing, owning, and operating the Property until a nonprofit service provider—approved by the City and Alameda County Behavioral Health—could be identified. The identified provider would develop, own, and operate a substance use disorder (SUD) treatment facility for low-income and unhoused Livermore residents (the SUD Project). If a service provider was not secured within two years, the Developer would be permitted to retain the Property for affordable multifamily housing for unhoused residents.

Following the execution of the Agreement, the Developer collaborated with the City and La Familia, a community non-profit, to implement the SUD Project. However, after conducting community outreach and evaluating the Property’s limitations, it was determined that the capacity and needs of the Project exceeded what the Property could support. Recognizing the ongoing priority for SUD services within the community, La Familia secured funding through the State Continuum Infrastructure Program to acquire a 10-acre site on Tesla Road in unincorporated Alameda County. This site will be renovated to establish a state-of-the-art treatment facility which will provide 16 dedicated beds for Tri-Valley residents.

Given the decision not to utilize the Property as a treatment facility, the Developer now seeks to amend the Agreement to pursue the affordable housing option. This amendment would grant the Developer additional time for predevelopment activities, including: 1) site due diligence and feasibility studies to be completed by October 1, 2025; 2) community/neighborhood outreach by February 1, 2026; and 3) the final submission of a development plan for future entitlement to the City by June 1, 2026. The Developer is currently assessing the feasibility of creating approximately 15 units of service-enriched housing, with a focus on addressing the needs of unhoused senior residents.

Following the successful collaboration on the Vineyard 2.0 project, the Developer will once again partner with Gunkel Architecture during the predevelopment phases of this project. Gunkel Architecture is an Alameda County-based firm that specializes in affordable residential and mixed-use projects. In the event the City does not approve the development plan, the City has the right to require the Developer to transfer the Property and assign its rights and obligations to an entity designated by the City.

FISCAL AND ADMINISTRATIVE IMPACTS
There are no fiscal impacts to report. Through this amendment, the Developer will have access to the remaining funds from the original loan for predevelopment and site carrying costs, including taxes and insurance.

COMMUNITY PILLAR
1: A Safe Community that Thrives
GOAL
7: Expand and preserve the supply of affordable housing opportunities

ATTACHMENTS

1. Resolution

2. Exhibit A - First Amendment to Loan Agreement
375
Prepared by: Shelly Haynes
Management Analyst
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
376
Rev. 04.2025 1 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION TO EXECUTE THE FIRST AMENDMENT TO THE

LOAN AGREEMENT WITH HOUSING CONSORTIUM OF THE EAST
BAY FOR THE PROPERTY LOCATED AT 2346 WALNUT STREET

AND ALL OTHER RELATED DOCUMENTS AUTHORIZED AND

DESCRIBED IN THAT AGREEMENT
In May 2022, the City Council approved the allocation of $2,400,000 from the Affordable Housing Trust Fund for Housing Consortium of the East Bay to acquire the property located at 2346 Walnut Street. The intent for the property was to be developed into a substance use disorder treatment facility for unhoused Livermore residents, with an alternative option being affordable multifamily housing.

Following community outreach and feasibility of the property, it was determined a treatment facility could not be developed at this site. Housing Consortium of the East Bay is currently assessing the feasibility of creating approximately 15 units of serviceenriched housing for unhoused senior residents. The City seeks to amend the original loan agreement to provide additional time for predevelopment activities, including feasibility studies, community outreach, and development planning.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore, that it hereby authorizes:

The City Manager, or her designee, to execute the First Amendment to the Loan Agreement with Housing Consortium of the East Bay for the property located at 2346 Walnut Street and all other related documents authorized and described in that agreement.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on June 9, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED AS TO FORM:
___________________________ /s/ Daniel R. Gonzales
Deborah L. Elam Daniel R. Gonzales
City Clerk Deputy City Attorney
Exhibit A – First Amendment to the Loan Agreement
377

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CITY COUNCIL STAFF REPORT ITEM NO. 5.16
DATE: June 9, 2025
TO: Honorable Mayor and City Council
FROM: Tina Olson, Administrative Services Director
SUBJECT: Resolution authorizing the execution of a purchase order with Keep IT Simple (KIS) in an amount not-to-exceed $484,893 for hardware and software to upgrade City of Livermore's virtualized environment.

RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution authorizing the execution of the purchase order with Keep IT Simple (KIS) in an amount not-to-exceed of $484,893 to implement a robust and highavailability information technology infrastructure.

SUMMARY
The City of Livermore's (City) virtual environment has reached its end of life. In order to align with industry standards, the City needs to upgrade its technology infrastructure to a high availability cluster stretched between all City locations.

Implementing a High-Availability (HA) Stretched Cluster architecture using Hyper-Converged Infrastructure (HCI) provided by Keep IT Simple (KIS) will ensure business continuity, enhanced disaster recovery (DR), and increased system resilience across geographically separated servers. This approach minimizes downtime between sites in the event of hardware or site failure. It supports real-time data replication, enabling rapid recovery and maintaining data integrity. By integrating storage, compute, and networking, the solution delivers scalability and simplified management, while also minimizing costs by reducing dependence on traditional DR setups.

DISCUSSION
The City's current virtual storage area network (VSAN) infrastructure is at the end of its life and is no longer supported by the vendor. This infrastructure relies on older technology.

The existing infrastructure hosts most of the City's file and application servers. By upgrading to a faster and more capable storage system, every server will receive an instantaneous performance boost without 436
additional costs or staff time beyond this project.

Keep IT Simple (KIS) is a technology solutions provider that the City has engaged with for this project.

As most hardware vendors do not sell directly to end-users, the City works with resellers who adhere to the City's preferred purchasing contracts, such as NASPO. In this case, KIS provides pricing per the published California Multiple Award Schedule (CMAS) state contract price schedule, which aligns with the City's purchasing policy.

This upgrade will ensure that the City's storage infrastructure is modern, efficient, and capable of meeting current and future demands.

FISCAL AND ADMINISTRATIVE IMPACT
All costs associated with the proposed contract are included in the current Information Technology Division’s budget. "Keep It Simple" includes installation, migration, and ongoing support.

Community Pillar
5: A City that works
Goal
11: Modernize Key Business Systems and processes to increase efficiency and improve transparency.

ATTACHMENTS

1. KIS Quotes

2. Resolution
Prepared by: Andrew Bellini
Information Technology Operations
Manager
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
437
ATTACHMENT 1
438
KIS - Keep IT Simple
43160 Osgood Road
Fremont, CA 94539
United States
Quote # 12977 v4
Date 2025/05/14
Expires 2025/06/26
Sales Contact Doug Wenzel
Prepared for City of Livermore
Steve Rodriguez
1052 South Livermore
Livermore, CA 94550
United States
T: (925) 960-4070
E: [email protected]
Dell VSAN-Ready nodes for City of Livermore on Dell's NASPO Fees
Category Item Qty Price Total
Server / Server VSAN ESA AF-0, Xeon Gold 6544Y 3.6G 16C/32T,7 512GB/2x7.68TB RI, NVMe, 2x2 10GBASE-T, 3Yrs of NBD
MFG Part# Description
634-CGYJ vSAN Express Storage Architecture AF-0
350-BCBF NVMe VSAN Ready Node
350-BCLD IDM/Personality Module VSAN-RN R660
210-BFTB VSAN-RN R660
379-BEID 10x2.5 Front Storage
379-BDSX NVMe Backplane
379-BDTE No Rear Storage
461-AAIG Trusted Platform Module 2.0 V3
321-BHSD 2.5 Chassis with up to 10 NVMe Drives 1CPU No PERC Controller
338-CRPD Intel Xeon Gold 6544Y 3.6G 16C/32T 20GT/s 45M
Cache Turbo HT (270W) DDR5-5200
374-BBBX No Additional Processor
412-ABEH Performance Heatsink for 1 CPU Configuration (CPU less than 250W)
370-AAIP Performance Optimized
370-BBRX 5600MT/s RDIMMs
780-BCDO C30 No RAID for NVME chassis
405-AACD No Controller
400-ABHL No Hard Drive
384-BBBH Power Saving BIOS Settings
800-BBDM UEFI BIOS Boot Mode with GPT Partition
12 $17,993.00 $215,916.00

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Quote
KIS - Keep IT Simple - Quote # 12977 v4 2
ATTACHMENT 1
439
387-BBEY No Energy Star
384-BCUJ 4 Very High Performance Fans
450-BDHY Dual Redundant(1+1) Hot-Plug Power Supply 1400W MM Titanium
330-BBZB Riser Config 4 Low Profile 2x8 LP Slots (Gen5) + 1x16 LP Slot (Gen4) 1CPU
329-BKBP Motherboard MLK supports ALL CPUs and is required for CPUs 250W and above
540-BCOD Broadcom 57416 Dual Port 10GbE BASE-T Adapter
OCP NIC 3.0
540-BDKD Broadcom 5720 Dual Port 1GbE LOM
325-BEVE Standard Bezel
350-BCKC Dell Luggage Tag
403-BCRU BOSS-N1 controller card + with 2 M.2 480GB (RAID 1) 470-AFMG BOSS Cables and Bracket for R660
611-BBBF No Operating System
605-BBFN No Media Required
528-CTIC iDRAC9 Enterprise 16G
528-COYT Secured Component Verification
528-CTZH OpenManage Enterprise Advanced Plus
350-BBXM No Quick Sync
379-BCSG iDRAC Legacy Password
379-BCQX iDRAC Service Module (ISM) NOT Installed
379-BCQV iDRAC Group Manager Enabled
770-BDMT Cable Management Arm
770-BECD ReadyRails Sliding Rails (A15)
631-AACK No Systems Documentation No OpenManage DVD Kit 340-DBYC PowerEdge R660 Shipping Material 10x2.5 8x2.5 Smart Flow or 16xEDSFF
343-BBTS R660 Dell label (BIS) for 2.5 Chassis
343-BBUB PowerEdge R660 CE CCC Marking
340-DBXZ PowerEdge R660 Shipping
817-BBBP None Required
896-7105 Dell Hardware Limited Warranty Plus Onsite Service 896-7115 PROSUPPORT NEXT BUSINESS DAY ONSITE SERV,
3 years
896-7135 PROSUPPORT 7X24 TECHNICAL SUPPORT AND AS,
3 Years
989-3439 Thank you choosing Dell ProSupport. For tech support visit //www.dell.com/support or call 1-800- 945-3355
900-9997 On-Site Installation Declined
Quote
KIS - Keep IT Simple - Quote # 12977 v4 3
ATTACHMENT 1
440
Please contact us if you have any questions.

Comments
Quoted on Dell's NASPO/ValuePoint convenience
Contract Contract C000001142065
Customer Agreement # 23026 / 7-23-70-55-01
One-Time Subtotal $215,916.00
Livermore, CA Sales
Tax (10.25%) $22,131.39
Total $238,047.39 USD
370-BBRY Qty. 16 x 32GB RDIMM 5600MT/s Dual Rank
345-BJNW Qty. 2 x 7.68TB Data Center NVMe Read Intensive AG Drive U2 Gen4 with carrier
492-BBDI Qty. 2 x C13 to C14 PDU Style 12 AMP 6.5 Feet (2m) Power Cord North America
540-BBVJ Broadcom 57416 Dual Port 10GbE BASE-T Adapter
PCIe Low Profile
Cost Breakdown
Category Fees
Server / Server $215,916.00
Livermore, CA Sales Tax $22,131.39
Total $238,047.39 USD
Terms and Conditions
A convenience fee of two point nine percent (2.9%) will be applied to credit card purchases.

Unless otherwise stated on the invoice, payment terms are thirty (30) days net from date of invoice. If Buyer fails to pay in accordance with these terms, KIS, at its option, may charge Buyer, and Buyer shall pay KIS (in addition to the price), a delinquent administrative service charge on the unpaid amount at the rate of one and a half percent (1.5%) per month (or such lower rate as may be the maximum allowable by law) from any such date until the date of payment. Should the Buyer become delinquent in the payment of any sum due to KIS, KIS shall not be obligated to continue performance under any agreement with Buyer. In the event of default, collection costs and attorney fees may apply.

Contact
Doug Wenzel | Sales Operations Associate
(510) 403-7572 | [email protected]
Keep IT Simple
43160 Osgood Road, Fremont, CA 94539
Keeping IT Simple Since 1988.
www.kiscc.com

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Quote
KIS - Keep IT Simple - Quote # 12977 v4 4
ATTACHMENT 1
441
†
Non-taxable item
Please contact us if you have any questions.

Comments
Contract Number: 7-17-70-40-05
NASPO Master Contract Number: AR2472
Contract Term: 09/15/17 - 09/15/26
Total $180,480.00 USD
KIS - Keep IT Simple
43160 Osgood Road
Fremont, CA 94539
United States
Quote # 13000 v3
Date 2025/05/14
Expires 2025/06/27
Sales Contact Doug Wenzel
Prepared for City of Livermore
Steve Rodriguez
1052 South Livermore
Livermore, CA 94550
United States
T: (925) 960-4070
E: [email protected]
192 cores of VMware VCF - 3 years NASPO Contract Number: 7- 17-70-40-05
Fees
Category Item Qty Price Total
Subscription /
VMware
VMware Cloud Foundation 5 - Three year upfront pricing
VMware Cloud Foundation 5 - Three year upfront pricing
192 $940.00 $180,480.00†
Cost Breakdown
Category Fees
Subscription / VMware $180,480.00
Total $180,480.00 USD
Terms and Conditions
A convenience fee of two point nine percent (2.9%) will be applied to credit card purchases.

Contact

ACCEPT QUOTE

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Quote
KIS - Keep IT Simple - Quote # 13000 v3 5
ATTACHMENT 1
442
KIS - Keep IT Simple
43160 Osgood Road
Fremont, CA 94539
United States
Quote # 13237 v3
Date 2025/05/14
Expires 2025/06/26
Sales Contact Doug Wenzel
Prepared for City of Livermore
75Steve Rodriguez
1052 South Livermore
Livermore, CA 94550
United States
T: (925) 960-4070
E: [email protected]
OptiPlex 3000 Thin Clients on Dell's NASPO
Fees
Category Item Qty Price Total
Thin Client OptiPlex 3000 Thin Client, Pentium CPU N6005, 8GB/64GBeMMC, 3 Yrs Onsite
OptiPlex 3000 TC BTX
Estimated delivery if purchased today: Apr. 28, 2025
Description SKU
OptiPlex 3000 TC BTX 210-BCXB
Intel Pentium CPU N6005 379-BESD
Dell ThinOS Firmware Access 619-ANNK
Dell ThinOS 9 619-ARIF
8GB (1x8GB) DDR4 Non-ECC Memory 370-AFWE
64GB eMMC, on-board 400-BRKR
NO RAID 817-BBBN
Intel Integrated Graphics 490-BBFG
OptiPlex 3000 Thin Client, Intel Pentium N6005 321-BKVW US Power Cord 470-AACI
CMS Software not included 632-BBBJ
Dell Pro Keyboard and Mouse - KM5221W - US English -
Black 580-AJJG
Mouse included with Keyboard 570-AADI
No Cover Selected 325-BCZQ
No SRV for ThinOS 658-BFJV
ENERGY STAR LABEL physical Label for Thin OS and
Ubuntu + DHC 387-BBPV
English and Brazillian, Shipping Docs 340-DBTT
100 $454.95 $45,495.00

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Quote
KIS - Keep IT Simple - Quote # 13237 v3 6
ATTACHMENT 1
443
Please contact us if you have any questions.

Comments
Quoted on Dell's NASPO/ValuePoint Contract
Contract # 000001142065
Customer Agreement # 23026 / 7-23-70-55-01
Total $45,495.00 USD
System Monitoring not selected in this configuration 817-BBSI Opti 3000 Thin Client Placemat 340-CYFO
Print on Demand Label 389-BDQH
Trusted Platform Module (Discrete TPM Enabled) 329-BBJL Shipping Material 340-CQYN
Shipping Label 389-BBUU
Regulatory Label for OptiPlex 3000 TC 389-EDTM
No Intel Responsive 551-BBBJ
Intel Pentium Processor Label 389-ECEL
Desktop BTO Standard shipment 800-BBIO
65 Watt A/C Adapter 450-AKIF
OptiPlex Micro and Thin Client Vertical Stand 452-BDTW
Fixed Hardware Configuration 998-GSLZ
Internal Speaker 520-AAVE
No Systems Management 379-BEUO
No Option Included 340-ACQQ
EPEAT 2018 Registered (Gold) 379-BDZB
Dell Limited Hardware Warranty Plus Service 824-5289
Onsite Service After Remote Diagnosis 3 Years 824-5295
Cost Breakdown
Category Fees
Thin Client $45,495.00
Total $45,495.00 USD
Terms and Conditions
A convenience fee of two point nine percent (2.9%) will be applied to credit card purchases.

ACCEPT QUOTE
Quote
KIS - Keep IT Simple - Quote # 13237 v3 7
ATTACHMENT 1
444
Please contact us if you have any questions.

Comments
Contract Number: 7-17-70-40-05
NASPO Master Contract Number: AR2472
Contract Term: 09/15/17 - 09/15/26
Total $20,870.00 USD
KIS - Keep IT Simple
43160 Osgood Road
Fremont, CA 94539
United States
Quote # 13249 v3
Date 2025/05/13
Expires 2025/06/26
Sales Contact Doug Wenzel
Prepared for City of Livermore
Steve Rodriguez
1052 South Livermore
Livermore, CA 94550
United States
T: (925) 960-4070
E: [email protected]
Omnissa Horizon 100 Concurrent Users on Carahsoft's NASPO contract
Fees
Category Item Qty Price Total
Software
Licensing
VMware Horizon Enterprise Add-on + 1 Year Production Support & Subscription Service - Term License -
Omnissa Horizon 8 Enterprise Term Edition: 10 Concurrent User Pack for 1 year term license; includes Production Support/Subscription
Keep using the features and benefits of the product with a license validity of 1 Year
The software is licensed for 10 Concurrent User
10 $2,087.00 $20,870.00
Cost Breakdown
Category Fees
Software Licensing $20,870.00
Total $20,870.00 USD
Terms and Conditions
A convenience fee of two point nine percent (2.9%) will be applied to credit card purchases.

ACCEPT QUOTE

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Quote
KIS - Keep IT Simple - Quote # 13249 v3 8
ATTACHMENT 1
445
Contact
Doug Wenzel | Sales Operations Associate
(510) 403-7572 | [email protected]
Keep IT Simple
43160 Osgood Road, Fremont, CA 94539
Keeping IT Simple Since 1988.
www.kiscc.com
Quote
KIS - Keep IT Simple - Quote # 13249 v3 9
ATTACHMENT 1
446
Rev. 04.2025 1 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE EXECUTION OF A PURCHASE

ORDER WITH KEEP IT SIMPLE FOR HARDWARE AND SOFTWARE IN
AN AMOUNT-NOT-EXCEED $ 484,893 FOR HARDWARE UPGRADING
CITY OF LIVERMORE’S VIRTUALIZED ENVIRONMENT
The City of Livermore's virtual environment has reached end of life. In order to align with industry standards, we would be upgrading to a High Availability cluster stretched between all locations.

Implementing a High-Availability (HA) Stretched Cluster architecture using Hyper-Converged Infrastructure (HCI) ensuring business continuity, enhanced disaster recovery (DR), and increased system resilience across geographically separated servers. This approach minimizes downtime through automatic failover between sites in the event of hardware or site failure. It supports real-time data replication, enabling rapid recovery and maintaining data integrity. By integrating storage, compute, and networking, the solution delivers scalability and simplified management, while also optimizing costs by reducing dependence on traditional DR setups.

Keep IT Simple (KIS) is a technology solutions provider that the City has engaged with for this project. As most hardware vendors do not sell directly to endusers, the City works with resellers who adhere to the City's preferred purchasing contracts, such as NASPO. In this case, KIS provides pricing per the published California Multiple Award Schedule (CMAS) state contract price schedule, which aligns with the City's purchasing policy.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore, that

1. Authorizes the City Manager to execute a purchase order with Keep IT Simple in an amount not-to-exceed $484,493.

2. Authorizes the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on June 9, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
447
Rev. 04.2025 2 RESOLUTION NO. ________
ATTEST: APPROVED AS TO FORM:
___________________________ /s/ Daniel R. Gonzales
Deborah L. Elam Daniel R. Gonzales
City Clerk Deputy City Attorney
448
CITY COUNCIL STAFF REPORT ITEM NO. 5.17
Expenditure Budget -
All Funds
FY 2024-25 Revised FY 2025-26 Budget FY 2026-27 Budget
General Fund $159,701,047 $158,340,370 $164,835,882
Enterprise Funds 101,346,806 76,866,877 82,227,970
Capital Funds 60,276,720 29,646,095 37,017,670
Debt Services 7,025,000 6,984,597 6,969,898
Permanent Funds 0 0 0
Special Revenue Funds 21,871,258 20,404,611 12,708,550
Internal Services Funds 27,810,446 25,117,367 26,906,515 Total Operating
Budget
$378,031,277 $317,359,917 $330,666,485
Capital Improvement
Program Funds
0 47,084,623 58,988,871
Total Operating and CIP
Budget
$378,031,277 $364,444,540 $389,655,356
DATE: June 9, 2025
TO: Honorable Mayor and City Council
FROM: Tina Olson, Administrative Services Director
SUBJECT: Resolution approving Two-Year Operating Budget and Five-Year Capital Improvement Plan with appropriations for FY 2025-26 and FY 2026-27

RECOMMENDED ACTION
Staff recommends that City Council adopt a resolution approving the Two-Year Operating Budget and Five-Year Capital Improvement Plan with appropriations for FY 2025-26 and FY 2026-27.

SUMMARY
The City of Livermore Two-Year Operating Budget and Five-Year Capital Improvement Plan were presented to the City Council at the budget workshop on May 19, 2025. The table below summarizes the final total appropriations for all City operating funds and Capital Improvement Program (CIP) budgets. 449

DISCUSSION
The City of Livermore Two-Year Operating Budget and Five-Year Capital Improvement Plan was presented to the City Council at the budget workshop on May 19, 2025. There were no adjustments made to the budgets at the workshop.

The Budget anticipates compliance with the General Fund Reserve Policy, which was updated in June of 2016 to require a total General Fund reserve of 30% of budgeted operating expenditures and outgoing transfers for debt service. The budget fully funds all required reserves each fiscal year. This 2-year budget cycle includes an additional reserve of approximately $3.6 million in FY 2025-26 and $5.7 million in FY 2026-27 in order to: (1) fund expected wage and benefit increases for the City's bargaining units for which the contracts are not expected to be in place before finalizing the budget, and (2) help address current and future operating reserve requirements. The table above includes the appropriations from revenues and not the amounts from unassigned fund balances.

FISCAL AND ADMINISTRATIVE IMPACTS
Adoption of the Two-Year Budget results in total appropriations including contribution to reserves of $317.4 million and $330.7 million for fiscal years 2025-26 and 2026-27 respectively. Additionally, the adoption of the Capital Improvement Plan results in total new appropriations of $47.1 million and $59.0 million for fiscal years 2025-26 and 2026-27 respectively.

COMMUNITY PILLAR
5: A City that Works
GOAL
17: Ensure effective use of public resources

ATTACHMENTS

1. Resolution

2. Exhibit A - Two-Year Budget for Fiscal Years 2025-26 and 2026-27

3. Exhibit B - Fiscal Year 2025-30 5-Year Capital Improvement Plan Prepared by: Erik Peterson
Finance Manager
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
450
1 RESOLUTION NO. __________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA A RESOLUTION APPROVING THE TWO-YEAR OPERATING BUDGET AND FIVEYEAR CAPITAL IMPROVEMENT PLAN WITH APPROPRIATIONS FOR FISCAL YEARS 2025-26 AND 2026-27
The City Manager of the City of Livermore prepared and submitted to the City Council for its review the Two-Year Operating Budget and the Five-Year Capital Improvement Plan with appropriations for FY 2025-26 and FY 2026-27.

The City Council provided for public comment on both items.

The City Council wishes to adopt the Two-Year Budget and Five-Year Capital Improvement Plan and order a copy of it be filed with the City Clerk and the Administrative Services Director of the City of Livermore.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that:

1. The Two-Year Budget and Five-Year Capital Improvement Plan with appropriations for Fiscal Years 2025-26 and 2026-27, attached hereto as Exhibit A and Exhibit B respectively, are approved.

2. Funds in the amount of $648,026,402 are appropriated for the Two-Year Operating Budget for FY 2025-26 and FY 2026-27.

3. Funds in the amount of $106,073,494 are appropriated for the first two years of the 5-year Capital Improvement Plan.

On motion of Council Member ________________________, seconded by Council Member ________________________, the foregoing resolution was passed and adopted on June 9, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED AS TO FORM:
___________________________ /s/ Jason R. Alcala
Deborah L. Elam Jason R. Alcala
City Clerk City Attorney
Exhibit A – Two-Year Budget for Fiscal Years 2025-26 and 2026-27 Exhibit B – Fiscal Year 2025-30 5-year Capital Improvement Plan 451

B U D G E T
FISCAL YEARS 2025/26 & 2026/27

EXHIBIT A
452

THIS PAGE INTENTIONALLY LEFT BLANK

EXHIBIT A
453

TABLE OF CONTENTS
Introduction
Letter from the City Manager.................................................................................................................. 1 GFOA Budget Award for FY 2023-25 Financial Plan ........................................................................... 12 Adoption of Budget Resolution............................................................................................................. 13 How to Use This Document.................................................................................................................. 14 Budget Calendar................................................................................................................................... 17 Budget Development Process .............................................................................................................. 17 Key Budget Concepts and Terms......................................................................................................... 19 About Livermore
City Organization Chart ........................................................................................................................ 24 Directory of City Officials ...................................................................................................................... 25 Map of Livermore and City Facilities .................................................................................................... 26 Mission Statement and Values ............................................................................................................. 28 Community Overview ............................................................................................................................ 29 Household Information ........................................................................................................................ 33 Constitutional Spending Limits ............................................................................................................. 34 Population by Year ............................................................................................................................... 34 Strategic Plan ...................................................................................................................................... 36 Performance Measures ........................................................................................................................ 39 Significant Accounting and Budget Policies ......................................................................................... 46 Long-Term Financial Plan
Long-Term Financial Plan .................................................................................................................... 55 Budget Summary
Budget Summary Narrative .................................................................................................................. 57 City-wide Revenues, Expenditures, and Fund Balances/Working Capital FY 2025-26 and 2026-27 .. 62 Fund Balances/Working Capital by Major and Non-Major Funds FY 2023-24 Actuals ........................ 64 Fund Balances/Working Capital by Major and Non-Major Funds FY 2024-25 Revised Budget .......... 66 Fund Balances/Working Capital by Major and Non-Major Funds FY 2025-26 Budget ........................ 68 Fund Balances/Working Capital by Major and Non-Major Funds FY 2026-27 Budget ........................ 70 Summary of Transfers .......................................................................................................................... 72 Impact of Capital Improvement Plan Budget on Operating Budget...................................................... 73 Debt Service Budget ............................................................................................................................ 74 City Council ............................................................................................................................................ 79 City Manager .......................................................................................................................................... 83 City Attorney .......................................................................................................................................... 87 Administrative Services Department .................................................................................................... 91 Community Development Department................................................................................................. 95 Fire Department ..................................................................................................................................... 99 General Services.................................................................................................................................. 103 Innovation & Economic Development Department........................................................................... 105 Library Department.............................................................................................................................. 109

EXHIBIT A
454

TABLE OF CONTENTS
Police Department ................................................................................................................................ 113 Public Works Department ................................................................................................................... 117 Revenues
Revenue Sources by Fund ................................................................................................................. 123 Revenue Description, History & Assumption of Key Sources ............................................................ 137 Expenditures
Expenditure by Function
General Fund Expenditures ................................................................................................................ 161 General Fund Expenditures by Major Category…………………………………………………………… 163 General Fund Budget Sources and Use Tables………………………………………………………...… 167 Citywide Expenditures ........................................................................................................................ 168 Fund Balances
Available Funds, Use of Funds, and Fund Balance
FY 2023-24 Actual........................................................................................................................... 182 FY 2024-25 Revised Budget........................................................................................................... 188 FY 2025-26 Budget......................................................................................................................... 194 FY 2026-27 Budget.......................................................................................................................... 200 Capital Improvement Program
Executive Summary and Analysis ...................................................................................................... 207 Funding Sources ................................................................................................................................ 218 Project Listing by Fund....................................................................................................................... 220 Project Listing by Program ................................................................................................................. 232 Capital Budget Award......................................................................................................................... 242 Staff Allocation
Staff Allocation by Department........................................................................................................... 243 Appendix
List of Funds by Fund Type ................................................................................................................ 249 Relationship Between Funds and Departments.................................................................................. 251 Description of Funds ............................................................................................................................ 254 Glossary of Terms............................................................................................................................... 258

EXHIBIT A
455

INTRODUCTION

LETTER FROM THE CITY MANAGER
Honorable Mayor Marchand and City Council Members,
I am pleased to present to you, City staff, and our community the Biennial City of Livermore Budget for Fiscal Years (FYs) 2025-26 and 2026-27. The FY 2025-27 budget document (the “Budget”) provides an overview of City-wide revenue and expenditure projections, with a focus on the General Fund and General Fund Reserves. The Budget reflects anticipated revenues from development expected to be completed during the two-year period.

The City continues to be challenged by the rising costs of services and infrastructure but overall remains financially healthy. The Budget carefully balances the need to address critical operational requirements - including increasing employee wages to be competitive with comparable cities - while continuing to appropriately fund the City’s long-term obligations, including capital assets, fleet and information technology replacement needs, and retiree medical benefits (also known as Other Post Employment Benefits or OPEB). Regarding capital assets, the Budget provides the resources necessary to fund maintenance and repairs and replacement of the City’s critical infrastructure including buildings (e.g. expanding and modernizing Fire Station 6; improving conditions of the Police headquarters), sidewalks, walls, street trees, and stormwater improvements.

The Budget presents a prudent spending plan that maintains the current operational service levels to support Livermore’s high quality of life. This document acknowledges the financial challenges Livermore faces in the near and longer term but also celebrates prior year accomplishments. The Budget continues to be a roadmap for progress toward implementing the City’s 2023-28 Five-Year Strategic Plan, which is organized around the following five broad Community Pillars:

1. A Safe Community That Thrives: Support facilities, design programs, and ensure compliance with regulations that create a healthy, resilient, and engaged community that is prepared, safe, and housed.

2. Economy That Prospers: Encourage a thriving business environment that results in a strong, diverse, resilient economy and supports community prosperity.

3. Environmental Stewardship: Preserve and protect Livermore’s climate and environment for future generations and become a municipal leader in sustainability, reducing and drawing down greenhouse gas emissions, and encouraging sustainable development.

4. Inclusive & Inviting Spaces & Places: Create inclusive and inviting natural and built places and spaces for contemplation, play, arts, and connection while celebrating our history and encouraging community pride.

5. A City That Works: Foster an organization that is fiscally sustainable, innovative, effective, and efficient; provides excellent public services; invests in professional development and well-being of employees in alignment with the Community and Organizational Values; and responsibly invests in the City’s infrastructure.

For details, please refer to the Five-Year Strategic Plan on the City of Livermore website at:

Five-Year Strategic Plan
BUDGET FY 2025-27 Page 1 EXHIBIT A
456

INTRODUCTION

LETTER FROM THE CITY MANAGER
LIVERMORE’S SHORT-TERM ECONOMIC OUTLOOK
Staff are expecting the City’s economy to continue to grow in FY 2025-26 as the housing and commercial development continues in the City. The City’s unemployment rate as of February 2025 was 4%, favorably compared to Alameda County’s 4.4% and the State of California’s 5.5%. The primary indicators of the City’s economy - property and sales taxes - are not trending in the same direction. In FY 2025-26 property taxes are expected to increase by 5.8%, mostly related to new development, while sales tax is expected to decrease by 3.5% related to increased interest rates impacting automobile and large equipment sales. As interest rates have been increasing over the past couple of years, the City is also expecting to realize increased investment earnings in FY 2025-26 of $1.3 million, a 17% increase from FY 2024-25 because of older investments maturing and getting reinvested into higher-yielding investments.

Staff are expecting several housing and commercial developments to come online over the next five years resulting in increased tax revenues, including the downtown development (new retail and restaurants), 1,929 new housing units in the Isabel Neighborhood Specific Plan, and new and expanded commercial land uses (by Gillig, and other local companies). The long-term financial plan includes projected revenues from these new developments. Finally, building permit and inspection fees are expected to grow by $4.2 million or 71% in FY 2025-26 from the FY 2024-25 revised budget as the construction of these developments gets underway.

FY 2025-26 AND 2026-27 GENERAL FUND BUDGET
As described in the table that follows, estimated FY 2025-26 General Fund revenues of $157.9 million are $9.1 million (or 6.1%) greater than FY 2024-25 revised budget General Fund revenues. FY 2026-27 General Fund revenues of approximately $164.3 million are $6.5 million (or 4.1%) greater than the FY 2025-26 budget. Since the City will not have completed negotiations with all but the Police Officers Association (POA), the FY 2025-26 and 2026-27 expenditure budgets included in Table 1 exclude salary and benefit increases for the majority of the City of Livermore and Livermore Pleasanton Fire Department (LPFD) employees. As such, comparing total expenditures from year to year is misleading.

That said, both budgets are balanced, including reserves for the anticipated labor contract increases and operating reserves. The revenue and expenditure increases are outlined below the summary table on the following page.

BUDGET FY 2025-27 Page 2 EXHIBIT A
457

INTRODUCTION

LETTER FROM THE CITY MANAGER
Table 1. General Fund Budget Overview
Notes:
(1) Includes: Operating Expenditures carried over from the prior fiscal year and funded by the budget surplus and CIP reserves that had been allocated to capital projects through the operating budget. (2) Unused Capital Reserves will be carried forward to FY 2025-26.

General Fund Revenues – As described in the table on the following page, while almost all operating revenue categories are expected to increase, the projected $9.1 million increase in FY 2025-26 General Fund revenues from FY 2024-25 Revised Budget is primarily related to the following changes:
• Property taxes increase of $3.5 million primarily related to new development and the 2% growth rate levied by the Assessor.
• Sales & Use Taxes decrease of $1.5 million based on recent sales tax trends adjusted to reflect expected increased purchases of vehicles and equipment as interest rates are expected to drop over the next six months.
• Investment earnings increase of $1.3 million due to maturing investments that have been and will be reinvested into higher-yielding investments as well as new investments. • Building and Construction Inspection Permit Fees increase of $4.2 million due to increased construction activity that is expected to continue for the next five years. • Miscellaneous Revenue increase of $1.3 million primarily related to the new agreement with Parkwest Casino 580 to expand cardroom tables. (This revenue is primarily used to fund one police and one planning position supporting the development.) • The Other Taxes category decrease of $0.5 million related to Real Property Transfer Tax which has been less than estimates for a couple of years that is offset by increased Residential and Construction Taxes. The Residential and Construction Taxes are based on construction activity that fluctuates. As such, the estimates included in the FY 2025-26 and 2026-27 operating budget are sustainable in future years. If actual Residential and Construction Taxes exceed budget, the increase will be reflected in the year-end budget surplus and available to allocate to capital, liability, and other essential reserves.

FY 2023-24
Actuals
FY 2024-25
Revised
Budget
FY 2025-26
Budget
FY 2026-27
Budget
Revenues $142,028,002 $148,800,148 $157,873,470 $164,358,147 Use of FY23-24 Surplus - 12,996,275 - -
Use of Capital Reserves 4,972,892 - - -
Net Transfers (13,769,943) (17,666,421) (9,557,397) (9,659,863) Operating Expenditures (123,228,190) (141,120,420) (144,650,802) (149,014,579) Operating Surplus (Deficit) $10,002,761 $3,009,582 $3,665,271 $5,683,705 Reserve for Labor MOUs & Addition to
Reserves - - (3,651,771) (5,674,705)
Allocation to Capital Improvement Program (440,846) - - - Addition to Reserves (1,851,634) (2,914,597) - -
Total $7,710,281 $94,985 $13,500 $9,000
Notes:
(1) Includes: Operating Expenditures carried over from the prior fiscal year and funded by the budget surplus and CIP reserves that had been allocated to capital projects through the operating budget. (2) Unused Capital Reserves will be carried-forward to FY 2025-26.

BUDGET FY 2025-27 Page 3 EXHIBIT A
458

INTRODUCTION

LETTER FROM THE CITY MANAGER
Table 2. General Fund Revenues
General Fund Expenditures – As described in Table 3, the operating expenditure budget is expected to increase by $3.5 million over the FY 2024-25 revised budget, while the overall expenditure budget including reserves and transfers out is expected to decrease by $1.4 million. The following is a summary of significant changes:
• Wages and Benefits are increasing by $4.9 million related to (1) the recently adopted MOU with the Police Officers Association (POA), (2) three months of the All-Livermore Employees (ALE) salary increases provided in September 2024, (3) Temporary Salary increases of $244,000 for temporary staff to backfill vacancies, (4) three new positions, and (5) increased unfunded allocated pension liability payments of $1.2 million.
• Premiums for the City’s property and liability insurance policies allocated to the General Fund are increasing by $681,000, reflecting a State-wide and international trend. • City of Livermore’s portion of expenses for the joint Livermore-Pleasanton Fire Department (LPFD) are increasing by $770,000 due to (1) annualizing FY 2024-25 COLAs, (2) increased health benefit costs, (3) increased insurance policy premiums, and (4) PFAS remediation and monitoring costs associated with the LPFD’s training tower. • Decreased Services and Supplies of $1.2 million related to a reduced one-time professional services contracts and reallocation of $683,000 of enterprise software budgets to the IT internal services fund that is spread to many City funds.
• Decreased Transfers out of $8.5 million related to one-time $5 million allocation in FY 2024-25 to Workers Compensation and General Liability reserves and a change in practice of budgeting allocations from capital reserves that had been allocated through transfers out from the operating budget.
• The Budget includes a reserve of over $3.6 million in FY 2025-26 and $5.7 million in FY 2026- 27 to fund expected wage and benefit increases in the City’s remaining bargaining units for which the contracts are not expected to be in place before finalizing the budget, as well as operating reserves for which the calculation staff cannot finalize until after the labor agreements are finalized.

FY 2023-24
Actuals
FY 2024-25
Revised
Budget
FY 2025-26
Budget
FY 2026-27
Budget
Property Taxes $58,179,468 $60,621,418 $64,143,762 $67,416,730 Sales & Use Taxes 40,280,986 42,593,316 41,086,606 41,908,338 Franchise Taxes 2,479,274 2,354,300 2,537,344 2,613,464 Business License Taxes 9,829,021 10,500,000 10,418,762 10,731,325 Other Taxes 9,896,574 11,200,012 10,844,090 11,163,413
Licenses & Permits 4,051,029 4,259,000 7,252,799 7,261,048 Fines & Forfeitures 346,405 387,000 386,500 398,270
Use of Money and Property 6,557,541 7,237,501 8,488,168 9,771,259 Intergovernmental Revenue 4,522,641 3,833,548 4,328,164 4,631,220 Charges for Current Services 4,862,047 4,973,153 6,130,207 6,179,158 Contribution - Outside Sources 72,038 76,360 78,651 -
Misc. Revenue 950,978 840,900 2,180,708 2,205,271
Total Operating Revenue $142,028,002 $148,800,148 $157,873,470 $164,358,147 Transfers In 737,455 914,206 480,400 486,735
Total All Revenue $142,765,457 $149,714,354 $158,353,870 $164,844,882 BUDGET FY 2025-27 Page 4 EXHIBIT A
459

INTRODUCTION

LETTER FROM THE CITY MANAGER
Table 3. General Fund Expenditures
As previously noted, the proposed FY 2025-26 budget includes the following three new full-time equivalent (FTE) positions1: 1.0 FTE Police Officer, 1.0 FTE Associate Planner, and 1.0 FTE Human Resources Analyst. The Police Officer and Associate Planner positions are funded through an agreement with the Parkwest Casino 580. The new Human Resources Analyst position will allow the City to maintain current recruitment efforts.

GENERAL FUND OPERATING RESERVES
The City’s General Fund Reserve Policy, adopted in June 2012 and amended in June 2016, targets an overall reserve level of 30% of the current year’s budgeted operating expenditures and outgoing transfers for debt service. Key components of the General Fund Reserve policy goals include:
• Catastrophic Reserve - 15% of the General Fund’s current operating expenditures plus debt service transfers, to be used in a catastrophic event, in a major emergency, or in periods of severe fiscal crisis (Committed); and
• Economic Reserve - 13.5% of the General Fund’s current operating expenditures plus debt service transfers, to be used during times of severe economic distress such as protracted recessionary periods, State raids on local resources, or other unforeseen events (Assigned); and
• Cash Flow Reserve - 1.5% of the General Fund’s current operating expenditures plus debt service transfers to protect against cash shortfalls related to the timing of projected revenue receipts and to maintain the budgeted level of reserves (Unassigned).

As described in Table 4, the Budget fully funds all required reserves each fiscal year. As previously noted, the budget includes a reserve of approximately $3.6 million in FY 2025-26 and $5.7 million in FY 2026-27 in order to: (1) fund expected wage and benefit increases for the City’s bargaining units for which the contracts are not expected to be in place before finalizing the budget, and (2) help address current and future operating reserve requirements.

1 The budget also includes a 1.0 FTE Senior Management Analyst position that converts a Limited Term Senior Management Analyst position to a permanent position. It also includes an increase of .25 FTE for a Senior Account Clerk position the cost of which is offset by reductions in Temporary Salaries. Both positions do not result in increased costs. FY 2024-25
Revised Budget
FY 2025-26
Budget
FY 2026-27
Budget
Wages and Benefits $76,972,945 $81,801,824 $83,826,446
Services and Supplies 64,073,845 62,848,978 65,188,133
Capital Outlay 73,630 - -
Total Operating Expenditures $141,120,420 $144,650,802 $149,014,579 Reserve for Labor MOUs & Addition to Reserves - $3,651,771 $5,674,705 Capital Expenditure - - -
Transfers Out 18,580,627 10,037,797 10,146,598
Total all Expenditures $159,701,047 $158,340,370 $164,835,882 BUDGET FY 2025-27 Page 5 EXHIBIT A
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INTRODUCTION

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Table 4. Operating Reserves

CAPITAL RESERVES
In addition to operating reserves, the following two reserve funds were established to help fund capital improvements:
• Existing Asset Maintenance and Repair Reserves – established by the City Council in June 2016 to accumulate resources necessary to address the City’s aging infrastructure identified in the City’s Asset Management Program. The City has annually allocated to the Existing Asset Maintenance and Repair Reserve primarily from year-end budget surpluses. Through FY 2024- 25, there is a total of $12 million in the Existing Asset Maintenance and Repair Reserve. The FY 2025-26 and 2026-27 Capital Improvement Plan (CIP) allocates $4.8 million from that reserve to fund repair and replacement projects, including stream maintenance projects, golf course parking lot drainage project, and replacement Police radios. • New and Replacement Asset Reserves – established by the City Council in November 2022 as part of the FY 2021-22 year-end close using $14 million from unallocated General Fund reserves. The purpose of the New and Replacement Asset Reserve is to have funding available for enhancement and expansion of capital projects such as new or improved open space projects and expanding and/or improving City facilities. Through FY 2024-25, there is a total of $14.3 million in the New and Replacement Asset Reserve. The FY 2025-26 and 2026- 27 CIP allocates $10.3 million from the CIP reserves to various CIP projects, including Police Department building renovations, Fleet Shop expansion, and Library teen space improvements.

Beginning in FY 2024-25 with the implementation of the new financial system, these two capital reserves are in a separate fund, General Fund Capital Reserve Fund (Fund 101) and therefore no longer in the General Fund operating fund.

General Fund Reserve Category
FY 2023-24
Actual
FY 2024-25
Revised
Budget
FY 2025-26
Budget
FY 2026-27
Budget
Operating Reserves:

Catastrophic Reserve 15%
(Committed) $20,682,015 $22,139,313 $22,663,140 $23,317,977 Economic Reserve 13.5%
(Assigned) 18,613,813 19,925,382 20,396,826 20,986,179
Cashflow Reserve 1.5%
(Unassigned) 2,068,201 2,213,931 2,266,314 2,331,798
Subtotal Operating Reserves
(30% of Operating Expenses and
Debt Service) $ 41,364,029 $ 44,278,626 $ 45,326,280 $ 46,635,953 Reserve for Labor MOUs &
Addition to Reserves: $3,651,771 $5,674,705
BUDGET FY 2025-27 Page 6 EXHIBIT A
461

INTRODUCTION

LETTER FROM THE CITY MANAGER

OPERATIONAL CHALLENGES
Through FY 2021-22, still cognizant of the reduction in staffing of 100 Full-Time Equivalents (FTE) during the Great Recession, the City’s cost containment strategies had been to maintain City staffing levels and contain salary and benefit growth to allow General Fund revenues time to grow and align with structural expenditures. Revenues have been in balance with ongoing structural expenditures for a few years and, as a result, since FY 2022-23, the City added a total of 21 new positions to begin rebuilding staffing levels. As previously noted, The FY 2025-26 and 2026-27 General Fund budget includes three new positions - Human Resources Analyst, Police Officer, and Associate Planner positions. In addition, the Water and Sewer enterprise budgets include the following seven new positions:

Table 5. New Positions
The City has been facing challenges recruiting and retaining staff, particularly Police Officers and Public Safety Dispatchers. To better understand the challenges, in FY 2024-25, the City completed a comprehensive compensation study (the “Study”) to determine whether salary adjustments are warranted to attract and retain staff. The Study identified several positions that had total compensation more than 5% below market2. The City has adjusted salaries for several of those positions including Police Officers and Public Safety Dispatchers. Those adjustments are included in the FY 2025-26 and 2026-27 budget. The remaining adjustments will occur during negotiations with the City’s bargaining units.

FUNDING LONG-TERM OBLIGATIONS
The Budget provides appropriate levels of funding for several long-term obligations, including Fleet and Technology Replacement, Other Post-Employment Benefits (OPEB), Workers’ Compensation, and the Capital Improvement Plan (CIP). An ongoing commitment to appropriately fund these expenses is essential to ensure the City’s future operational preparedness, fiscal health, and sustainability. The sections below discuss the City’s funding strategy and approach to continue to effectively manage each of these important long-term obligations.

2 The City’s Compensation Policy states that total compensation will be between 5% above or below the median of the City’s comparison cities. Enterprise Funds New Positions TOTAL FTE Water Distribution Operator I/II/III 2
Supervising Water Distribution Operator 1
WR Mechanic I/II 1
Administrative Clerk I/II 1
Wastewater Collections System Worker I/II/III 2
TOTAL FTE 7
BUDGET FY 2025-27 Page 7 EXHIBIT A
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Fleet and Information Technology Replacement Programs - The Budget provides approximately $2.5 million in FY 2025-26 and $2.6 million in FY 2026-27 for fleet replacement. This funding is used to regularly replace police cars, fire engines, and other City vehicles. The Information Technology Replacement program provides for the replacement of information technology systems and equipment and funds on-going software subscriptions. The Budget adequately funds the Information Technology Replacement Program with approximately $350,000 annually.

Other Post-Employment Benefits (OPEB) - OPEB is a non-pension retirement benefit that certain employees receive upon their retirement, such as retiree health care. When these benefits were first offered by the City, the cost was quite modest, and benefits were funded on a pay-as-you-go basis.

Sharp increases in the cost of health care in the 1990s and early 2000s made this approach imprudent.

Beginning in 2006, the City’s funding policy was to set funding aside in an irrevocable trust and to ramp up funding to the full Actuarial Determined Contribution (ADC) over ten years. The City also changed the retiree medical benefit from a defined benefit (City funded medical premiums) to a defined contribution (City funded contribution to a Retiree Health Savings (RHS) account). This action limited the number of participants receiving retiree medical benefits and therefore limited the City’s liabilities.

In June 2013, the Council directed staff to develop a comprehensive solution to address the City’s OPEB liabilities. The solution required an increase in funding and cooperation from employee bargaining groups to modify health care benefits. The City was successful in stabilizing its benefit costs and subsequently implemented a strategy to fully fund its ADC.

To ensure the City does not over-fund its OPEB obligation and have a significant balance in its OPEB Trust Fund after the retiree medical benefits program ceases, City Council adopted a policy to fund the City’s OPEB liability at no more than 80% by FY 2033-34. Under this OPEB funding policy, the City will likely fund the last 10 to 20 years of benefit payments from the City’s budget, when there should be a very small number of retirees receiving benefits, all of whom will be on Medicare and therefore a manageable expense. The City’s pension-related expenses will also be significantly lower at that time since the City’s unfunded pension liability incurred during and shortly after the Great Recession will be fully funded.

Workers’ Compensation Reserves - The City is self-insured for its workers’ compensation program up to $500,000 per claim. The Budget includes resources to sufficiently fund the Workers Compensation claims at a 70% confidence level of actuary estimates, which is an industry standard. The remaining Workers Compensation fund balance is sufficient to cover long-term claims payable at the 70% confidence level.

General Liability Reserves – The City maintains cash reserves equal to at least the 70% Confidence Level for Long-term Claims Payables to be available to settle lawsuits and other claims submitted to the City.

Infrastructure and Facility Maintenance and Repairs - The largest and most complex underfunded liability is infrastructure and facility maintenance and repairs, which is primarily addressed through the five-year capital improvement program (CIP).

CIP Funding - General Fund contributions to the CIP program range between $2 million and $8 million annually, primarily through allocating a portion of the General Fund year-end surplus to CIP reserves.

General Fund contributions to the CIP finance infrastructure and maintenance projects that have no other funding sources. Traditionally, these projects have included American with Disabilities Act (ADA) improvements, arroyo maintenance and stabilization (Stormwater), major facility upgrades, sidewalk repairs, decorative walls, and local match dollars for street improvement projects.

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LETTER FROM THE CITY MANAGER
As previously noted, the City currently has $12 million in an Existing Asset Maintenance and Repair Reserve and another $14.3 million in a New and Replacement Assets Reserve to be available to fund capital projects for a total of $26.3 million in CIP reserves. Using these two funding sources, the CIP budget allocates a total of $15.1 million to the FY 2025-26 and 2026-27 CIP to fund projects, including stream maintenance projects, the Fire Station 6 replacement project, Police Department building renovations, the fleet shop expansion, Police replacement radios, and the golf course parking lot drainage project. While the proposed funding level allows for continued progress, there are unfunded CIP project requests that currently remain unaddressed.

Staff continue to implement a comprehensive Asset Management Plan that identifies specific actions and ongoing levels of financial resources needed to maintain the City's assets. In addition, staff is preparing to bring a series of policies to Council for review and approval that will (1) clarify responsibility for maintenance of street trees, (2) align the City’s ordinance for sidewalk maintenance responsibilities with state law and establish a program to ensure that sidewalk maintenance is performed, and (3) educate property owners about the City’s laws related to street tree, sidewalk, and wall/fence maintenance and ultimately enforce those requirements. Beyond these actions, significant additional financial resources will be necessary to maintain the City's existing infrastructure at current levels of service.

Much of Livermore’s future fiscal sustainability is linked to adequately funding its long-term obligations.

Progress has been made in this area, and sound strategies will continue to be pursued with discipline and fortitude.

LIVERMORE’S FUTURE FINANCIAL HEALTH
As part of the budget process, staff prepared a five-year General Fund forecast to identify available resources and expected cost increases and prioritize new positions and contractual services. Details of the City’s five-year forecast are included under the Long Term Financial Plan. The following chart shows the expected revenue and expense trends over the next five years. As described in the chart, revenues are expected to grow such that by FY 2027-28, there will be an approximately $1.2 million surplus growing to $5.1 million by FY 2029-30. The increasing revenues are the result of new development expected to occur primarily in the Isabel Neighborhood Specific Plan area as well as downtown. As a result of this development, the City will have additional funds available for capital projects, including a new fire station, and major maintenance and repairs of existing facilities.

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Chart 1. General Fund Forecast
Although Livermore’s current financial picture is relatively positive, there are the following areas of concern to consider.

Stormwater Regulations- The State of California continues to increase stormwater regulations and mandate a variety of compliance measures that are currently unfunded. The City will spend approximately $15.8 million ($6.7 million in CIP, plus $9.1 million in Operating expenditures) implementing mandated stormwater activities and projects during the period covered by the Budget, most of which represents a General Fund subsidy. It will be important to secure a sustainable long-term funding source for this purpose.

CalPERS Costs - CalPERS approved a policy to “de-risk” their investment portfolio, which resulted in reducing the discount rate at which CalPERS amortizes the City’s pension liability that began in FY 2018-19. CalPERS implemented a 20-year rate amortization and a five-year phase-in for these significant changes. The phase-in began in FY 2016-17 and increased the City’s annual operating costs by roughly $5-6 million when it was fully implemented. Based on CalPERS’ most recent 20-year rate amortization schedule, the City’s annual pension contributions will level out starting in 2030 and then begin to steadily decline until the City’s unfunded liability is fully repaid in 2043. However, if there is a serious downturn in the market, like that which preceded the Great Recession, that seriously affects CalPERS investment returns, the City’s unfunded pension liability will increase, as will its annual pension contributions.

Insurance Premiums – The City’s insurance premiums have increased by 455% over the past seven years, from $757,000 in FY 2018-19 to $4.2 million in FY 2025-26. Insurance premiums are expected to continue to increase beyond the rate of inflation into the foreseeable future. Large awards and settlements associated with police actions, dangerous conditions, and auto liability are driving liability insurance premiums. Property insurance rate increases can be attributed to extreme weather events such as heavy rain, extreme wind, flooding, and wildfires that cause property damage.

FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29 FY 2029-30 Total Sources $175 $158 $165 $172 $179 $185
Total Uses $160 $158 $165 $171 $178 $180
$140
$145
$150
$155
$160
$165
$170
$175
$180
$185
$190
Millions
Fiscal Years
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Sales Tax Concentration - Sales tax is currently the City’s second-largest revenue source, thanks in part to the current popularity of the outlet mall and surrounding retail. It is important to be aware that the City derives 30% of all sales tax revenue received from that geographic area which focuses on retailing consumer goods. There are some concerns to monitor regarding this important source of revenue, including the trend away from brick-and-mortar retail to internet shopping which has the potential to undermine this revenue source. Consumer taste changes, as well as direct competition from similar retail centers being planned within the region, also threaten to impact this critical revenue source.

Additionally, the outlet mall generates a significant portion of its business from international tourism, placing at least a portion of the revenue at risk when international travel is suspended like it was during the early phases of the pandemic.

CONCLUDING COMMENTS
The City continues to be on a steady financial course to achieve long-term financial sustainability. The FY 2025-27 Budget includes funding for long-term obligations related to infrastructure, fleet, and information technology. While General Fund reserves are currently fully funded, potential future increased liabilities, deferred infrastructure, and deferred facility maintenance could temper the City’s progress.

I appreciate the time and talents of the City staff throughout the organization, led by the Executive Team, working together to develop this thoughtful spending plan. I wish to specifically acknowledge the Finance Division for their perseverance and dedication in balancing the budget and preparing this document. Last, but definitely not least, I wish to thank the City Council for their unwavering leadership, and support of staff’s efforts to serve our community with professionalism, integrity, and kindness.

Respectfully submitted,
Marianna A. Burch
City Manager
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BUDGET AWARD

GFOA DISTINGUISHED BUDGET PRESENTATION AWARD
The Government Finance Officers Association of the United States and Canada (GFOA) presented a Distinguished Budget Presentation Award to City of Livermore, California for its biennial budget Fiscal Years beginning July 1, 2023. To receive this award, a governmental unit must publish a budget document that meets program criteria as a policy document, as an operations guide, as a financial plan, and as a communications device. This award is valid for a period of two years only.

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RESOLUTION

INTRODUCTION
** NOTE: previous Resolution for FY 2023-25. To be replaced once budget is adopted ** BUDGET FY 2025-27 Page 13 EXHIBIT A
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INTRODUCTION

OVERVIEW
This document reflects the City’s continued use of a two-year budget which emphasizes long-range planning and effective program management including:
• Reinforcing the importance of long-range planning to manage the City’s fiscal affairs. • Concentrating on developing a budget to accomplish the City’s goals and objectives. • Establishing realistic timeframes for achieving goals and objectives. • Creating a proactive budget that provides for stable operations and assures the City’s long-term fiscal health.
• Promoting predictable, smooth spending patterns.
• Reducing the amount of time and resources allocated to preparing annual budgets.

Appropriations are for a two-year period; however, there is usually an update for the second year of the budget to reflect revised revenue and expenditure assumptions. Additionally, unexpended Capital Improvement Program (CIP) appropriations carry over into subsequent years.

PURPOSE OF THE BUDGET
Although the City’s budget document may introduce new plans or policy goals, its main purpose is to serve as the Council’s primary tool to allocate resources to implement existing plans and policies.

Through various policy documents and plans - such as the 5-year Strategic Plan, General Plan; Downtown Specific Plan; Urban Growth Boundary, and South Livermore Specific Plan - the City established several long-term goals to accomplish.

The fundamental purpose of the City’s Budget is to link what needs to be accomplished in the near term with the resources required to do so.

The City’s Budget process does this by:
• Identifying the most important things to be accomplished for the community. • Establishing a reasonable time frame and organizational responsibility for achieving them. • Allocating the resources necessary to do so.

BUDGET ORGANIZATION
To identify the most critical programs and projects for the City to accomplish over the next two years and allocate the resources to do so, the budget serves four roles:

1. Policy Document sets forth goals and objectives to be accomplished.

2. Fiscal Plan identifies and appropriates the resources necessary to accomplish goals and objectives and deliver services while maintaining the City’s fiscal health.

3. Operations Guide describes the basic organizational units and activities of the City.

4. Communications Tool provides the public with a blueprint of how public resources are used and how these allocations are made.

In meeting these roles, the budget is organized into ten sections. Each section is introduced by an overview that describes its purpose, format, and content.

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INTRODUCTION

INTRODUCTION
This section consists of the Letter from the City Manager, which provides an overview of the FY 2025- 27 Budget. Also included are the GFOA Distinguished Budget Presentation Award and the resolution adopting the Two-Year Budget.

ABOUT LIVERMORE
Includes a historical overview of the community, City highlights and accomplishments, mission statement, organizational values, organization chart, map, and 5-year Strategic Plan. In addition, this section describes the other major policy documents and preparation guidelines used in developing and executing the Budget, including Significant Accounting Policies, Budget Policy, Debt Policy, and Constitutional Spending Limits.

LONG-TERM FINANCIAL PLAN
The Long-Term Financial Plan (LTFP) is a 5-year financial forecast of the General Fund. It is intended to provide a frame of reference to help evaluate the City’s financial condition and help assess the longterm financial implications of current and proposed budgets, programs, and assumptions.

BUDGET SUMMARY
This section provides financial summaries, including an overview of revenues, expenditures, and transfers over the 2-year budget cycle, fund balance by major and non-major funds, long-term debt information and budgeted debt service schedules. Sources and uses schedules are presented by fund type, sources of revenues, as well as major category expenditures. Also included is the Capital Improvement Program budget impact on the operating budget and a list of funds by department.

DEPARTMENT NARRATIVES
Presents the operating programs that form the City's basic organizational units:
• Establish policies and goals that define the nature and level of services to be provided. • Identify activities performed in delivering program services. • Propose objectives for improving the delivery of service. • Identify the resources required to perform activities and accomplish objectives. • Identifies performance measures used to analyze outcomes of City services and progress towards implementing major goals and objectives.

REVENUES
This section provides combined and individual statements of revenues for each of the City's operating funds. It includes financial and statistical information such as revenue estimates, assumptions, and inter-fund transactions.

EXPENDITURES
Provides a summary of expenditures and expenditures by major expense category for each of the City's operating funds.

FUND BALANCES
Provides combined statements of fund balance changes for each of the City's operating funds by year.

CAPITAL IMPROVEMENT PLAN
Presents the City's Capital Improvement Program budget.

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INTRODUCTION

STAFF ALLOCATION
Includes authorized staffing levels and allocation history.

APPENDIX
Provides a listing and description of all City funds and the relationship of departments with funds. It also includes a Glossary of Terms that may be unique to local government finance departments or the City’s Financial Plan.

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INTRODUCTION

BUDGET CALENDAR
JANUARY 2025
Budget Module Set-up
FEBRUARY 2025
Position Control sent out to departments
LEAP system access opens for budget entry
MARCH 2025
Budget Model closes and Finance reviews budget
APRIL 2025
City Manager and Executive team reviews budget and Finance assembles budget book
MAY 2025
May 19 City Council Budget Workshop
JUNE 2025
June 9 City Council final budget approval
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OPERATING BUDGET DEVELOPMENT PROCESS
The City develops a two-year budget every other year and updates the second-year budget, if necessary, at the end of the first year. The fiscal year begins on July 1 and ends on June 30 of the following year. Livermore is a general law city; therefore, it is not subject to a budgetary process prescribed by statute or charter.

The City uses the following process to develop its two-year budget:

For the first year of the Budget:
• In October, the Finance Division prepares the 5-year General Fund forecast including requested new positions, contractual services, anticipated labor contract increases, and increased revenues from new development.
• Between October and February, the Engineering Division works with departments to identify priority CIP projects, develop cost estimates, and works with the Finance Division to develop a funding plan.
• In December and January, Executive Team members (department heads) review the 5-year forecast to establish funding priorities that help establish the Budget foundation. • In February, departments prepare and submit budget requests in support of their operational needs and anticipated service levels. The combined draft budget figures include estimated expenditures and forecast revenues.
• In March, the Executive Team reviews the proposed CIP. • In April, Executive Team members review budget allocations to ensure the 5-year Strategic Plan goals are funded, acknowledge resident input on service priorities, and balance the proposed budget.
• In May, the City Council provides direction and comments on the proposed budget and CIP at a public workshop.
• The City’s Planning Commission determines the consistency of the CIP with the General Plan. • The operating budget includes a summary of proposed expenditures and projections of financial resources. The CIP appropriations are included in the financial plan. • If needed, the City Council is presented with new fee schedules for adoption prior to the public budget hearing.
• The City Council approves the budget by adopting a resolution no later than June 30, which sets the appropriation levels for the periods covered by the budget.

In the second year of the two-year budget:
• In February, the Administrative Services Department issues the mid-year budget report to City Council.
• In February, departments prepare and submit budget requests for the second year to support operational needs and anticipated service levels. The draft budget update includes estimated expenditures and forecast revenues.
• In March, the Leadership Team meets to review the budget update. • In April, staff prepare an update of the two-year budget if necessary. • In May, the City Council examines budget changes at a public budget workshop.

In June, the City Council approves the budget modifications, if any, at a public meeting by adopting a resolution.

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INTRODUCTION
Budget
Budgets are plans for how organizations use projected resources (revenues) for payment to perform operations or provide services (expenditures) over a defined period. Budgets are prospective planning tools and must balance revenues and expenditures within the defined period.

Fiscal Years
The key time period for the City is the fiscal year (FY). The City’s fiscal year begins on July 1st and ends on June 30th of the following year. Fiscal years are generally expressed as follows: FY 2025-26 begins July 1, 2025, and ends June 30, 2026. Fiscal Years may also be divided into quarters or monthly periods for reporting purposes. It is important to note that some grants awarded to the City may or may not synchronize with the City’s fiscal year. These grants often follow a schedule based on the granting agency’s fiscal period or other predetermined period as determined by the grant agreement.

Funds
Funds are groups of revenue and expenditure accounts that must be balanced individually and separately. They function in the City's Budget like having separate bank accounts to track different personal finances. The City’s Budget contains approximately 100 funds, the largest of which is the General Fund. The General Fund is considered discretionary, because there are few restrictions on how these resources may be allocated. All the other funds normally have restrictions on the types of activities they support. These restrictions may be established by local ordinance, federal or state law, or grant agreements.

Department & Organizational Structures
The City is organized into various departments as defined in Section 2.09.010 of the Livermore Municipal Code. These departments are responsible for delivering the various external and internal services of the City. Several departments were established by the City Council and generally include the name “Office” in the title. These include the City Manager’s Office and the City Attorney’s Office.

Because departments are not funds, departmental revenue and expenditures may be recorded and budgeted in one or more funds. Similarly, one fund may contain one or more departments' revenue and expenditures.

The budget documents include three quasi-departments: The General Services (or Non-Departmental), Transfers, and Capital Improvement Program. These three groups are distinguished from traditional departments in that they do not have operational staff attributed to them. These groups are used to record various inter-departmental projects and citywide costs, such as debt service or major infrastructure projects.

Revenues
Revenues can be generally understood as the sources of income for the City and are divided into several categories or fund types. Tax revenues are largely unrestricted and are allocated to the General Fund. Grant revenues are restricted by the grant agreement and often require matching contributions from other sources. Special revenues include voter-approved measures and are restricted for a specific purpose. Revenues from fines and penalties are largely unrestricted and result from enforcement activities. Based on best practices, one-time revenues (e.g., land sales) should not be used to support ongoing expenditures. Fee and Service Charge revenues support many City functions. The rate charged for fees and service charges is regulated by state law. Generally, fees may not exceed the cost of providing a service. Fees are listed in the City’s Master Fee Schedule, which is approved BUDGET FY 2025-27 Page 19 EXHIBIT A
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INTRODUCTION
annually through a City Resolution, but can be modified at any time with City Council’s approval. The current Master Fee Schedule can be found on the City’s website.

Revenues are budgeted and recorded into specific accounts. These accounts are aggregated for reporting into categories such as property tax, license and permits, and charges for current services.

Operating Expenditures
Operating Expenditures reflect the costs associated with the provision of services and performance of operations by the City. There are two major categories of expenditures: personnel expenditures, and services and supplies expenditures. Personnel expenditures include the cost of paying City employees to perform various functions and provide services to the public. These costs include salaries, overtime, retirement, and healthcare costs. Services and Supplies expenditures include non-labor related costs and are processed through the City’s contracting and purchasing systems and include items such as contracts for services, supplies and materials, utilities, equipment purchases, and debt payments.

Expenditures are budgeted and recorded into many different accounts. These accounts are aggregated for reporting purposes into broader categories that include wages and benefits, services and supplies, or capital outlay.

Fund Transfers
In certain cases, monies may be transferred between City funds. For instance, General Fund revenues are required to pay for principal and interest payment on the City’s long-term debt. Therefore, General Fund transfers monies to Debt Service Funds. When a transfer occurs between funds, the “sending” fund (where the transfer comes from) records an expenditure and the “receiving” fund (where the transfer goes to) records revenue. This is to ensure that the overall budget remains balanced.

Budget Balancing
The term ‘balanced’ refers to when all projected revenues are equal to all projected expenditures in a budget or forecast. If projected revenues exceed projected expenditures, then the budget or forecast is said to have a projected surplus. If projected expenditures exceed projected revenues, then there is a projected shortfall. By policy, the City Council must adopt a balanced budget.

A structural imbalance occurs when there is a difference between ongoing revenues and expenditures where they do not match and balance. A budget that uses one-time revenues to pay for ongoing expenditures may be balanced over the fiscal period but suffers from a structural imbalance: in this case a structural shortfall. By contrast if ongoing revenues exceed ongoing expenditures, a budget may have a structural surplus.

Fund Balances & Reserves
At the end of each fiscal year, each fund’s revenue collections are compared against incurred expenditures. If expenditures exceed revenues, then that difference is reduced from the “fund balance.” A negative fund balance occurs when cumulative fund expenditures exceed cumulative fund revenues.

By contrast, a positive fund balance exists when cumulative revenues exceed cumulative fund expenditures. When revenues are more than expenditures, a surplus occurs, which is added to that fund’s fund balance.

If a positive fund balance is restricted or earmarked in its usage, it is called ‘restricted’ or ‘reserved.’ For example, the General Fund has a 30 percent reserve requirement for major emergencies and unanticipated events. Therefore, the General Fund budget includes contribution to reserves which is taken from the positive fund balance to fund the reserves. Other funds may have a positive fund BUDGET FY 2025-27 Page 20 EXHIBIT A
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INTRODUCTION
balance that must be reserved or restricted to support the purpose of that individual fund. This may include future anticipated expenditure needs such as low-income housing or future costs associated with capital projects.

Assets & Liabilities
Assets are tangible and intangible items that hold value and include City cash, investments, buildings, land, and equipment. Assets can be divided into two types: current and long-term/fixed assets. Current assets include cash, receivables, and short-term investments. Long-term and fixed assets include things such as long-term investments, and capital assets that have value, but cannot be quickly converted into cash. Capital “Assets” can generally be defined as items the City owns that will provide a benefit in the future, such as land, buildings, vehicles, and equipment.

Sometimes the City needs to borrow money (“issue debt”) to acquire and/or build new capital assets.

Liabilities are monetary amounts that the City is obligated to pay based upon prior events, transactions, or other financial commitments. For example, if the City owes money resulting from borrowing or issuing debt (e.g., bonds), those would be considered liabilities. Liabilities can also be divided into two types: current liabilities and long-term liabilities. Current liabilities are those that the City expects to pay within a one-year period. This includes wages paid to active employees for hours worked, or bills for utilities. Long-term liabilities are obligations that the City will pay out over a period greater than one year such as pensions, retiree medical obligations, and long-term debt service.

Unfunded Actuarial Accrued Liability (UAAL), or Unfunded Liability, is often mentioned in conjunction with government finances. UAAL is defined by the State Actuarial Standards Board as “the excess of the actuarial accrued liability over the actuarial value of assets”. Simply put, it is the amount that an entity is projected to owe that is not covered by projected future payments under a specific payment methodology, or by assets currently held by the entity. Unfunded Liabilities typically refer to the City’s future pension and retiree healthcare projected costs for which the City does not have sufficient funds to cover.

Financial Reports & Actuals
“Actuals” are recorded revenues and expenditures that have occurred over a defined period. While budgetary numbers are projected prior to the close of a fiscal period, actuals are recorded after the fact.

A financial report is a statement of actuals and accruals. Actuals can be divided into two categories:
unaudited and audited. Audited actuals mean that financial reported data has been audited by an independent financial auditor. The City has an independent financial audit conducted following the close of each fiscal year to provide an independent opinion as to whether the City’s financial statements are stated in accordance with General Accepted Accounting Principles (GAAP). The audited actuals are presented in the Annual Comprehensive Financial Report (ACFR). Unaudited actuals refer to the City’s financial data and reports which have not been audited by an independent financial auditor. “Actual” data reported in this budget document is audited data.

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ABOUT LIVERMORE
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ORGANIZATION CHART

ABOUT LIVERMORE
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DIRECTORY OF CITY OFFICIALS

ABOUT LIVERMORE
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MAP OF LIVERMORE AND CITY FACILITIES

ABOUT LIVERMORE
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MAP OF LIVERMORE AND CITY FACILITIES

ABOUT LIVERMORE
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MISSION STATEMENT AND VALUES

ABOUT LIVERMORE

MISSION STATEMENT
We work to enhance the quality of life for Livermore community members by providing safe, accessible public amenities, promoting economic vitality and innovation, and embracing collaborative civic engagement, all while providing high-quality services in a courteous, responsive, fiscally sound manner.

VALUES
We adhere to an ethical standard of fairness, honesty, and equitable treatment in the performance of our duties on behalf of the community to achieve our shared vision of excellence.

Commitment to Equity
We understand and value our roles as members of a larger community. In recognition and respect for our community at large, we strive to view all issues through an equity lens, which means to be deliberatively inclusive as we make decisions.

Strong Public Service Philosophy
Outstanding service to the public is our standard. Courtesy and respect are extended to all community members. Our goal is to exceed expectations.

Accountability
We understand our roles as employees and elected officials of the City of Livermore. We accept responsibility for our actions in performing these roles and seek to hold each other accountable for them.

Teamwork
As a team of City employees and elected officials, we work collaboratively, which helps us find the most effective and innovative solutions to address challenges facing our community and our organization.

Commitment to Quality
We are committed to providing responsive and quality service. We strive for excellence by finding thoughtful, innovative, and practical solutions in service to the community.

Commitment to Continuous Improvement
We strive to continuously assess and improve our methods of service to increase equity and effectiveness in an environmentally sound manner.

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ABOUT LIVERMORE

HISTORICAL OVERVIEW
In 1869, William Mendenhall developed a new town when the first train went through the Livermore Valley. The only direct route from San Francisco to the gold fields and Sacramento was through this area. Mendenhall named Livermore in memory of his good friend, Robert Livermore, who once owned a 20,000-acre land grant called Rancho Las Positas in the area.

In the 1870s, Livermore experienced a population surge due to the arrival of several different immigrant groups. When the City was incorporated on April 1, 1876, it resembled a traditional western town with wooden sidewalks and horse-drawn buggies. By the 1880s, cattle, sheep, and horses grazed the hillsides, and Livermore’s high valued hay and grain found eager buyers, even in Europe. More importantly, the planting of grape cuttings in the region’s sandy and gravel-filled soil would be the beginning of the valley’s successful wine industry.

As Livermore flourished, so did education in the valley. Livermore College, a private high school, was established, followed by Livermore Union High School, California’s first Joint Union High School. In 1902, Livermore became the first town in California to establish a free municipal public library. The Carnegie Library, designed by William H. Weeks, opened in 1911.

After the turn of the century, Alameda County founded a hospital for treating tuberculosis, and the United States government established a Veterans Hospital. Additionally, the Livermore Rodeo was established, which benefitted the American Red Cross during World War I. The Livermore Stockmen’s Association continues to hold an annual rodeo on the second weekend of June.

In the 1950s, the University of California established a Radiation Laboratory at the previous World War II Naval Training Station site at East Avenue and Greenville Road. The Radiation Laboratory expanded into the world-renowned Lawrence Livermore National Laboratory (LLNL). A few years later, Sandia National Laboratories’ California site opened to provide engineering expertise for the original Radiation Laboratory and continues to collaborate with LLNL.

Today, Livermore’s agricultural, science and technology, cultural arts, and vibrant wine heritage provide a unique blend of small-town ambiance with urban amenities. As a result, Livermore consistently receives high resident survey ratings. For over 150 years, the City of Livermore has remained a desirable place to live, work, and visit.

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ABOUT LIVERMORE
Livermore is a general law city with a council-manager form of government and an estimated population of approximately 86,000 residents. Award-winning wineries, farmlands, and ranches that mirror the valley’s history surround Livermore. The City of Livermore encompasses 26 square miles and is the easternmost city in the San Francisco Bay Area. Protected by the coastal mountain range, Livermore Valley enjoys a mild, Mediterranean climate that promotes the pursuit of a healthy, relaxed lifestyle. In 2017, the Livermore City Council approved the Livermore Tarplant (Deinandra bacigalupii) as the City’s official flower. The Tarplant, an endangered species, grows only in the dry, alkaline meadows and grasslands of northern Livermore and produces small yellow flowers from June to October.

SCIENCE & TECHNOLOGY
Livermore is the only city in the United States with two national laboratories: Lawrence Livermore National Laboratory and Sandia National Laboratories-CA. The laboratories’ missions span several national programs, including homeland security, combustion and renewable energy, water resources, and biosciences. Research efforts include developing the pursuit of fusion energy, vehicles of the future, decoding the human genome, and studying climate change. One such successful effort recently occurred when on December 5, 2022, a team at Lawrence Livermore National Laboratory’s National Ignition Facility achieved fusion ignition, the first controlled fusion experiment in history to reach this milestone.

Many exciting partnerships between the laboratories and the community developed over the years. The Livermore Valley Open Campus allows science, business, and academic collaborations on advanced manufacturing, cyber-security, and high-performance computing. The i-GATE Innovation Hub provides R&D facilities for life sciences and deep tech startups through the Daybreak Labs incubator and a supportive ecosystem of services and partners through the Startup Tri-Valley initiative. The City celebrates Livermorium Day every May to commemorate Element 116 on the periodic table of elements.

THE ARTS
The Livermore community supports a well-established, extensive, diverse collection of cultural arts organizations. Music lovers enjoy the local symphony orchestra, opera company, or chamber ensembles at the downtown Bankhead Theater, a 500-seat performing arts venue. Residents also delight in ballet, modern, and other styles of dances, as well as comedic and dramatic plays or musicals. The City appoints a Poet Laureate to express its commitment to the literary arts. The Livermore Public Library hosts rotating exhibits of paintings and photographs. Colorful quilts hang from trees during the well-renowned summer quilt festival at a local garden nursery, and tree sweaters adorn downtown trunks in the fall.

BUDGET FY 2025-27 Page 30 EXHIBIT A
485

COMMUNITY OVERVIEW

ABOUT LIVERMORE

VITICULTURE
Livermore Valley Wine Country is the oldest wine region in California. Less than an hour east of San Francisco, Livermore Valley Wine Country’s picturesque canyons and ridges welcome locals and visitors to the valley’s vineyards and tasting rooms, which are an integral part of Livermore’s quality of life. The Livermore Valley area boasts over 50 wineries. In the 2023 San Francisco Chronicle Wine Competition, the largest wine competition in North America, 174 medals were awarded to Livermore wineries, with eight awarded Best of Class and another 20 winning Double Gold. Popular wine bars, tasting rooms, and lovely wine stores also thrive in downtown Livermore.

DOWNTOWN
Livermore community members and visitors love the vibrant, family-friendly downtown for its numerous restaurants, boutiques, cinemas, bars, The Bankhead Theater, and a variety of parks and open spaces, including the beloved Lizzie Fountain, Stockmen’s Park, and Livermorium Plaza, which commemorates the creation of the livermorium element by a team of scientists from Lawrence Livermore National Laboratory. Improvements continue in the heart of downtown with a new parking garage, restaurant and retail spaces, and other desired community amenities.

SPORTS AND RECREATION
The collaboration between the City of Livermore and the Livermore Area Recreation and Park District (LARPD) has resulted in more than 40 park venues encompassing nearly 2,000 acres, including community parks, dog parks, trails, sports fields, and open space parks. LARPD offers preschool classes, before-and-after-school programs, youth and adult sports, aquatics, senior services, recreation classes, facility rentals, and special events. The 71,000-square-foot Robert Livermore Community Center includes meeting and activity rooms, a full-size double gymnasium, a 400-seat banquet hall, and two outdoor pools.

COMMUNITY EVENTS
The Livermore Rodeo and Parade and Downtown Street Fest are two long-running annual special events. Residents enjoy the annual Downtown Halloween Carnival, Holiday Parade and Tree Lighting, Fourth of July Celebration at the Livermore Municipal Airport, and weekly farmers markets. Livermore also attracts popular events with regional, national, and international fans, including the Little League Intermediate World Series and Livermore Valley Half Marathon.

TRANSPORTATION
Livermore is conveniently located near two major freeways, I-580 and I-680, and is close to the metropolitan areas of San Francisco, Oakland, and San Jose. In addition to its proximity to the San Francisco, Oakland, and San Jose International Airports, the City of Livermore owns and operates the Livermore Municipal Airport, which has operated for over 60 years as a vital general aviation reliever airport, handling more than 180,000 operations annually. It supports jobs, reinvestment, and emergency response while hosting over 400 tenants, businesses, and government agencies. With six flight schools, it plays a key role in pilot training and strengthens the region’s aviation and business sectors.

Livermore also contains two stops on the Altamont Commuter Express (ACE) rail system.

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486

COMMUNITY OVERVIEW

ABOUT LIVERMORE

EDUCATION
Livermore Valley Joint Unified School District (LVJUSD) is an award-winning district that serves more than 13,300 transitional kindergarten through 12th-grade students at nine elementary campuses, two K8 schools, three middle schools, two comprehensive high schools, and two alternative schools. The LVJUSD features International Baccalaureate Programmes, a Dual Immersion Program, and a STEM pathway, TK-12. The mission of the LVJUSD is to ensure that each student will graduate with the skills needed to contribute and thrive in a changing world.

Las Positas College has 8,500 daily enrolled students and offers a curriculum for students seeking transfer to a four-year college or university, career preparation, or basic skills education. The College is nationally recognized for its Veterans First Program. It has been named the #1 Community College in California by Intelligent.com and the #6 Community College in America by Niche.com.

The Livermore Public Library offers educational opportunities for all ages. Resources include a homework help center, early learning classes, STEM workshops, adult literacy tutoring, a Career Online High School program, a Digital Library with online courses and research materials, and much more.

BUSINESS
Livermore has a diverse and innovative business community and one of the most talented workforces in the world, anchored by the presence of two world-renowned research laboratories, Lawrence Livermore National Laboratory and Sandia National Laboratories. Innovative companies like Lam Research, Topcon Positioning Systems, Wiley X, and FormFactor call Livermore home, capitalizing on Livermore’s strong industrial real estate base and access to talent. Oaks Business Park on Isabel Avenue has attracted large employers like Gillig, Dräxlmaier, and Tesla. Alongside Livermore’s robust innovation economy, microbreweries and wineries flourish while the San Francisco Premium Outlets and small boutique retail shops continue to provide residents and international visitors with a unique shopping experience.

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COMMUNITY OVERVIEW

ABOUT LIVERMORE

HOUSEHOLD INFORMATION
Total Housing Units 32,026
(source: HdL Coren and Cone 2024-25 Property Data)
Median Household Income (2023) $153,602
(source: United States Census Bureau 2019-2023)
Median Home Value (December 2024) $1,225,000
(source: HdL Coren and Cone – Alameda County Sales History) Property Tax Rate (2024-25) 1.1348%
(source: Alameda County Auditor-Controller)
Population (January 2025) 85,189
(source: California State Department of Finance)
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ABOUT LIVERMORE

CONSTITUTIONAL SPENDING LIMITS

CONSTITUTIONAL SPENDING LIMITS
Article XIII B of the California State Constitution, adopted by California voters in 1980, places limits on the amount of proceeds of taxes state and local government agencies can receive and appropriate each year pursuant to a formula based on certain FY 1978-1979 data. Effective in FY 1990-1991, Proposition 111 and SB 88 (Chapter 60/90) modified the manner in which the appropriations limit was calculated and requires the annual election of an inflation adjustment factor and a population factor.

The California State Department of Finance releases inflation adjustment factors as well as population estimates to local agencies in May of each year as of January 1. 76,000
78,000
80,000
82,000
84,000
86,000
88,000
90,000
92,000
94,000
1,400,000
1,450,000
1,500,000
1,550,000
1,600,000
1,650,000
1,700,000
City vs. County Population
Alameda County Population
City Population
BUDGET FY 2025-27 Page 34 EXHIBIT A
**this page will be updated and replaced with the FY 2025-26 appropriation limit, once it is approved at the June 23, 2025 council mtg. 489

ABOUT LIVERMORE

CONSTITUTIONAL SPENDING LIMITS
$0
$50
$100
$150
$200
$250
$300
$350
$400
$450
$500
Millions
Proposition 111 Appropriations Limit
Computed Limitation
Appropriations Subject to Limit
BUDGET FY 2025-27 Page 35 EXHIBIT A
The population factors may be either the change in City population or the change in County population.

The cost-of-living factors may be either the change in California per capita income or the change in the City of Livermore’s non-residential new construction valuation. Typically, an agency selects the factors which provide for the largest growth to the limit. For FY 2024-25, the population factor chosen is growth within the County, as it was larger than the growth within the City. The cost-of-living factor selected by Livermore is the percentage change in California’s per capita income because it exceeded the assessed value in the preceding year due to new non-residential construction. Based on the above calculation factors, the Limit of Appropriations for FY 2024-25 is $472,441,631. Appropriations subject to this limit are $135,417,087. The City Council adopts the appropriation limit for the ensuing fiscal year in June. A summary of the last twenty years of the City’s appropriation limit and appropriations subject to limit is shown in the following chart.
**this page will be updated and replaced with the FY 2025-26 appropriation limit, once it is approved at the June 23, 2025 council mtg.
.
490

STRATEGIC PLAN

ABOUT LIVERMORE

STRATEGIC PLAN OVERVIEW
Livermore’s Strategic Plan is a five-year road map to guide the organization’s budget and work plan. The Strategic Plan reflects the community’s values and is informed by the City’s vision, mission, values, and community input from a variety of sources, including the biennial National Community Survey. Additionally, the Strategic Plan is informed by many of the organization’s guiding documents, such as the General Plan, Climate Action Plan, and Financial Plan.

Over decades, the Livermore City Council has been forward-thinking and remarkable at focusing on the City’s long-term fiscal sustainability. The five-year Strategic Plan creates a framework for allocating our limited resources in accordance with the organization’s goals, focusing the City’s investment on areas deemed most important.

The Strategic Plan is organized around five broad Community Pillars. Community Pillars are broadly defined building blocks that reflect the community’s values, and the City’s vision, mission, and organizational values. Each Pillar identifies specific goals and objectives which will be implemented to uphold each Pillar. Goals are generally broad, achievable outcomes.

Objectives are shorter-term, measurable actions to achieve each goal. Goals and objectives are time-defined and have assigned departmental implementation responsibility.

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STRATEGIC PLAN

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HIGHLIGHTS AND ACCOMPLISHMENTS
Some of the City’s recent significant accomplishments include:
• Pillar – A Safe Community That Thrives
o Established the Tri-Valley Emergency Management Consortium to address the regional impacts to Tri-Valley communities following a large or catastrophic incident and to foster regional cooperation in mitigating against, preparing for, responding to, and recovering from all hazard incidents.
o Created and implemented the Mobile Evaluation Team (MET), a co-responder unit that pairs a police officer with a full-time clinician to provide crisis, de-escalation, and stabilization services to the community.
o Completed a Community Risk Assessment through the Livermore-Pleasanton Fire Department.
o Supported the grand opening and first year of providing services at the Vineyard Resource Center. Provided 110,000 meals and 6,775 shelter stays for 172 unhoused individuals, in addition to permanently housing 24 formerly homeless residents. • Pillar – Economy That Prospers
o Formed and implemented the Livermore Valley Wine Heritage District with the purpose of funding marketing and sales promotions and protection efforts for the Livermore Valley wine industry.
o Administered the City’s Economic Incentive Program, assisting three businesses that collectively brought more than $8.4 million in sales tax revenue in FY 2023-24 and provided more than 2,600 jobs in Livermore.
• Pillar – Environmental Stewardship
o Secured funding to install electric vehicle chargers at City facilities and added 10 electric and hybrid vehicles to the City fleet.
o Launched a pilot program installing AI-enabled contamination monitoring cameras on two Livermore Sanitation organics collection trucks to improve waste sorting efficiency. • Pillar – Inclusive & Inviting Spaces & Places
o Offered 1,296 library programs, both online and in person, with over 50,000 attendees. o Hosted more than 320,000 visitors to Livermore libraries and fulfilled over 30,000 information requests.
• Pillar – A City That Works
o Completed the Airport Land Use and Development Study, identifying available and advisable development opportunities on Airport land.
o Maintained over 350 acres of public landscape areas, 10,000 streetlights, 114 traffic signals, 730 lane miles of asphalt street surfaces, 27 City facilities and over 400 vehicles and City-owned equipment.
o Implemented the Human Resources, Payroll, General Ledger, Budget, Accounts Receivable, Accounts Payable, Purchase Card, Projects and Grants, Contracts, and Purchase Order modules in the new Enterprise Resource Planning system LEAP. o Reviewed, revised, and approved as to form up to 15 ordinances, 250 resolutions, and over 750 agreements.

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STRATEGIC PLAN

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GOALS AND PRIORITIES

2. Economy That Prospers:  Encourage a thriving business environment that results in a strong, diverse, resilient economy and supports community prosperity.

Please refer to the Five-Year Strategic Plan on the City of Livermore website at:

Five-Year Strategic Plan
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PERFORMANCE MEASURES

ABOUT LIVERMORE

PERFORMANCE MEASURES
Since 2004, the City of Livermore has partnered with the National Research Center to administer the National Community Survey™ (NCS). Livermore residents have steadily ranked the Livermore community as providing an excellent/good quality of life via the NCS, which captures resident opinions considering ten central facets of a community: Economy, Mobility, Community Design, Utilities, Safety, Natural Environment, Parks and Recreation, Health and Wellness, Inclusivity and Engagement, and Education, Arts, and Culture. The overall 2025 survey results were once again positive and reflected the community’s view that Livermore is a great place to live with a high quality of life.

According to the most recent 2025, residents continue to express strong satisfaction with their community, with 95% rating the City as an excellent or good place to live and recommending it to others —well above national benchmarks. Ratings for the local economy, business variety, and Livermore as a place to visit all saw significant improvement from 2022 and now surpass national and custom comparisons. Residents gave especially high marks to the city’s natural environment, trails, and fitness opportunities, with many of these areas also trending upward. Widespread appreciation for walking, biking, and recreation amenities reflects Livermore’s investment in outdoor quality of life.

The performance measures reflected here help track the efforts or outputs related to basic public services. Since its incorporation in April 1876, the City carries on its quest for continuous improvement and uses these performance measures, surveys, and other methods to gauge its progress now and for years to come.

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PERFORMANCE MEASURES

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LIVERMORE POLICE DEPARTMENT – PERFORMANCE MEASURES
The Livermore Police Department takes great pride in providing public safety, accountability, resident engagement, and great customer service to the community. The area policing model, established in early 2015, has continued to allow greater interaction between the community and police officers through Neighborhood Watch meetings, Area Community meetings, and special events. Residents have direct access to neighborhood Police Lieutenants which facilitates a faster response to issues and builds lasting relationships in the community.

Effective March 2023, the Police Department is no longer a Uniform Crime Report (UCR) agency (no longer reports under the Part 1 Crime Category). The Department now reports under the California Incident Based Reporting System (CIBRS). The primary difference between the Uniform Crime Reporting (UCR) Program and the National Incident-Based Reporting System (NIBRS) lies in the level of detail collected and the reporting method. UCR traditionally collected summary data on a monthly basis, focusing on a limited number of index crimes, while NIBRS captures detailed incident-level data, including victim and offender characteristics, and incident circumstances.

Year 911 Calls Total Incidents Violent Crimes Property Crimes FY 2023-24 23,621 55,910 620 (NIBRS) 1,830
FY 2022-23 23,976 56,307 212 1,787
FY 2021-22 23,713 56,880 190 1,661
FY 2020-21 23,309 54,880 165 1,438
FY 2019-20 14,566 62,996 176 1,426
FY 2018-19 22,653 65,337 215 1,666
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PERFORMANCE MEASURES

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LIVERMORE-PLEASANTON FIRE DEPARTMENT – PERFORMANCE MEASURES The Livermore-Pleasanton Fire Department (LPFD) operates five fire stations in Livermore. The mission of LPFD is to provide exceptional public safety services that enhance the quality-of-life in the community by protecting life, property, and the environment. Duty, Integrity, Professionalism, Courage and Honor are the LPFD’s core values. Demand for emergency response continues to grow, including response to California wildfires.

Performance Measure 2023-24
Actual
2024-25
Actual
2025-26
Target

FIRE OPERATIONS
Number of emergency responses 9,466 9,750 10,043
Number of Responses to Fire Incidents 277 285 294
Average Emergency Response Time
Fire Standard = 6:00 minutes 4:51 5:15 5:40
Average Emergency Response Time
EMS Standard = 6:00 minutes 5:38 5:20 5:30

FIRE PREVENTION
Construction Inspections Conducted 735 750 775
Annual Fire Inspection Program 559 560 560
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PERFORMANCE MEASURES

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LIBRARY SERVICES – PERFORMANCE MEASURES
Livermore residents love their libraries. Library services generated a 92% “excellent” or “good” rating on the 2025 National Community Survey. Livermore Public Library is a family gathering place and an education resource for all ages. The Library’s public computers continue to receive regular use, although more use has shifted to the Library’s wireless internet access as more residents use their own laptops and mobile devices. During the 2023-24 fiscal year, the Library’s total collections use exceeded the previous highest by 5%, showing great improvement from the COVID-19 disruption only a couple of years ago. Attendance at library-sponsored programs continues to be strong, illustrating just how much the Livermore community values its Library. In 2024, the Library hosted its third annual Winter Reading program, which has been a very popular addition to Livermore Public Library’s line-up with growing participation each year. Thanks to a partnership with Open Heart Kitchen to ease food insecurity for Livermore families, Livermore Public Library helped provide 1,325 lunches to children and teens over the summer of 2024 at its Rincon Branch Library.

Fiscal Year
Total
Registered
Borrowers
Total
collection
use
Attendees at
librarysponsored
programs
Total
Library
Visits
Number of
public
computers
Patrons
using public
computers
Patrons using
one-on-one
educational
services
FY 2023/24 63,220 947,630 51,354 323,901 80 53,927 1,903 FY 2022/23 65,993 873,274 45,209 254,786 80 51,135 1,779 FY 2021/22* 57,004 790,785 19,891 170,083 80 19,102 862 FY 2020/21* 62,475 443,501 6,371 56,253 80 1,513 751
FY 2019/20 78,284 695,995 30,909 295,259 80 54,491 3,294 FY 2018/19 69,980 903,720 47,099 384,369 80 84,525 2,379 FY 2017/18 65,065 855,756 46,805 394,442 80 88,420 2,922 FY 2016/17 61,735 829,576 41,676 382,234 80 103,561 3,073 * Numbers impacted by COVID-19 closure
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INNOVATION AND ECONOMIC DEVELOPMENT – PERFORMANCE MEASURES The Innovation and Economic Development Department (IEDD) aims to make Livermore the best possible place to start and grow a business. The department serves as a resource for the entire business community in Livermore. IEDD serves small to large businesses, as well as tech start-ups to downtown merchants. IEDD works with resource partners and other departments to make sure the City is thoughtfully planning the growth needed to maintain a healthy economy while preserving a high quality of life. The tables below display data related to Livermore’s business environment.

FY 2021-22 FY 2022-23 FY 2023-24
# of Business Licenses 7,553 8,101 7,622
Transient Occupancy Tax $3.2 M $3.8 M $3.6M
Sources: HDL and City of Livermore Finance Division
Vacancy Rates Over Past 12
Months Inventory Vacancy Rate
Industrial 21.4 M square feet 5.5%
(compared to 8.4% for East Bay Market)
Retail 5.3 M square feet 2.8%
(compared to 5.4% for East Bay Market)
Office 2.1 M square feet 16.8%
(compared to 14.9% for East Bay Market)
Source: Co-Star
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PERFORMANCE MEASURES

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COMMUNITY DEVELOPMENT NEIGHBORHOOD PRESERVATION – PERFORMANCE MEASURES The image and appearance of a City greatly influences resident and business owner perceptions of the overall health of a community. This chart reflects neighborhood preservation cases and the percentage resolved within thirty days. Numbers may be trending up due to an increase in citywide housing units and a stabilization in Neighborhood Preservation staffing. Cases are typically resolved within thirty days 90% of the time. Another measure illustrates further satisfaction with City efforts, and that is that 83% of respondents to the City’s 2025 National Community Survey rated the City’s overall appearance as “excellent” or “good.”
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PERFORMANCE MEASURES

ABOUT LIVERMORE
PUBLIC WORKS SOLID WASTE DIVERSION – PERFORMANCE MEASURES In 2007, the Livermore City Council established a solid waste diversion rate goal of 75% by 2015.

Livermore made significant strides toward this goal through innovative programs in solid waste, recycling, and compostables collection. The City is also actively implementing Senate Bill (SB) 1383, California’s statewide effort to reduce organic waste disposal and recover edible food. Livermore’s diversion rate at the end of 2023 was 69%. Based on 2025 National Community Survey results, 79% of residents rated garbage collection services as “excellent” or “good,” recycling services at 77%, and residents rated organics pick-up at 81%.

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SIGNIFICANT ACCOUNTING AND BUDGET POLICIES

ABOUT LIVERMORE

SIGNIFICANT ACCOUNTING POLICIES
The financial statements for the City conform with Generally Accepted Accounting Principles (GAAP) as applicable to governments. The most significant of the City’s accounting policies are described below.

A. Reporting Entity
The City of Livermore was incorporated on April 1, 1876. The City operates under the Council-Manager form of government and provides the following services: public safety (police and fire), highways and streets, sewer, water, public improvements, planning and zoning, general administration services, and housing services.

B. Fund Accounting
The City uses funds to report on its financial position and the results of its operations. Fund accounting is designed to demonstrate legal compliance and to aid financial management by segregating transactions related to certain City functions or activities. A fund is an accounting entity with a selfbalancing set of accounts established to record a specific activity’s financial position and results of operations.

Financial activities for local government fall into three broad categories, governmental, proprietary, and fiduciary fund categories. Governmental funds are used to account for activities primarily supported by taxes, grants, and similar revenue sources. Proprietary funds are used to account for activities that receive significant support from fees and charges and operate more like a business (utilities). Fiduciary funds are used to account for resources that a government holds as a trustee or agent on behalf of an outside party and that cannot be used to support the government’s own programs. Within each of the three broad categories of funds, individual funds are further categorized by fund type as described below:

1. Governmental Funds
a. General Fund is the government’s primary operating fund. It accounts for all financial resources of the general government except those required to be accounted for in another fund.
b. Special Revenue Funds account for the proceeds of specific revenue sources (other than expendable trusts or capital projects) restricted by law or administrative action to expenditures for specified purposes.
c. Debt Service Funds account for the accumulation of resources for, and the payment of, longterm debt principal, interest, and related costs. d. Capital Project Funds account for acquiring and constructing major capital facilities not financed by Proprietary Funds.
e. Permanent Fund is used to report resources that are legally restricted to the extent that only earnings, not principal, may be used for purposes that support the government’s programs.

2. Proprietary Funds
• Enterprise Funds account for operations in a manner like private business enterprises where the intent is for the costs (expenses, including depreciation) of providing goods or services to the public on a continuing basis to be financed or recovered primarily through user charges.

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• Internal Service Funds account for financing goods or services provided by one department or agency to other departments or agencies of the City or other governmental units on a costreimbursement basis.

3. Fiduciary Funds
• Successor Agency to the Redevelopment Agency Private Purpose Trust Fund: This fund is governed by the Oversight Board of the Livermore Successor Agency (not City Council). It accounts for the activities of the Livermore Successor Agency acting on behalf of the former redevelopment agency
• Agency Funds (Custodial Funds) are established to account for assets held by the City as an agent for special assessment districts, Livermore Pleasanton Fire Department, and passthrough fees to other organizations.

C. Basis of Accounting
The proprietary and fiduciary funds are reported using the economic resources measurement focus and the full accrual basis. Revenues are recorded when earned, and expenses are recorded when liabilities are incurred, regardless of when the related cash flows occur.

Governmental funds are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Under this method, revenues are recognized when measurable and available. Measurable means the amount of the transaction can be determined, and available means the amount is collectible within the current period or soon enough after that (60 days in the City's case) to be used to pay liabilities of the current period. Those revenues susceptible to accrual are property taxes, sales taxes, interest revenue and charges for services. Fines, license, and permit revenues are not susceptible to accrual because generally, they are not measurable until received in cash.

Expenditures are generally recognized under the modified accrual basis of accounting when the related fund liability has matured. An exception to this general rule is principal and interest on governmental funds' long-term debt, which is recognized when due. Financial resources are usually appropriated in other funds for transfer to a debt service fund when maturing debt principal and interest must be paid.

Such amounts are thus not current liabilities of the debt service fund, as their settlement will not require the expenditure of existing fund assets.

D. OPERATING BUDGET POLICY AND BUDGETARY BASIS
The City Council adopts a balanced biennial operating budget by resolution on or before June 30th for each of the ensuing two fiscal years for all funds except for the Fiduciary Funds. The City’s fiscal year begins on July 1 and ends on June 30 of the following year.

A mid-period review is conducted in the cycle’s second year, and appropriations are adjusted accordingly.

The legal level of budgetary control is at the fund level. However, the operating budget is prepared on a program basis. Organizational priorities, which the City Council and staff have developed, are implemented at the program level. The operating budget is subject to supplemental appropriations throughout its term to provide flexibility to meet changing needs and conditions. A resolution approving a supplemental appropriation is necessary when expenses exceed that fund’s originally approved total appropriations. The Department Head may approve budget adjustments within the same fund between department programs.

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SIGNIFICANT ACCOUNTING AND BUDGET POLICIES

ABOUT LIVERMORE
The City’s basis of budgeting is the same as the basis of accounting used in the City’s audited financial statements, the Annual Comprehensive Financial Report.

For governmental funds, the budget is prepared on a modified accrual basis consistent with GAAP.

Enterprise and Internal Service Funds are budgeted on the accrual basis of accounting, except for capital assets and long-term debt, which are budgeted on the modified accrual basis of accounting. Exceptions to the modified accrual basis when budgets are prepared are: (a) Land held for investment is treated as an expenditure when purchased, and proceeds from the disposition of this land are treated as revenue when measurable and available; (b) Estimated changes to compensated absences and claim liabilities are not budgeted (c) Transfers to (or from) fund balance designations, inter-fund loans and proprietary debt activities are treated as budgetary resources (uses).

E. CAPITAL IMPROVEMENT PLAN (CIP) BUDGET POLICY
The CIP budget is prepared every two years on the same cycle as the two-year operating budget. The CIP budget is prepared as a separate stand-alone document detailing the capital improvement funds’ revenues, expenditures, and fund balances.

The first two years of the CIP are funded to coincide with the two-year operating budget. The CIP budget is subject to supplemental appropriations throughout its term to provide flexibility to meet changing needs and conditions. The fiscal impact of any financed capital improvements is shown as a debt service commitment in the operating budget for the related enterprise or governmental fund.

The CIP is presented with a planning horizon of up to five years. Detailed data is used in the near term, with more general data appearing in later years of the multi-year fiscal plan. The fiscal plan is used to project the effect of capital outlays and debt service on the operating budget.

To help assure that the CIP is consistent with the long-term goals and objectives of the city, the CIP is adopted to be consistent with the General Plan. As required by Government Code §65401, the Planning Commission provides the determination as to consistency for major public works projects prior to the adoption of the CIP by the City Council.

F. OPERATING RESERVE POLICY
General Fund. The City of Livermore is committed to the establishment of a minimum fund balance/net position, which will help maintain the City’s creditworthiness, and provide funds for catastrophic events, economic uncertainties, contingencies and cash flow requirements. It is the goal of the City to achieve and maintain a combined minimum unrestricted (committed, assigned and unassigned) fund balance in its General Fund equal to 30% of the current year’s budgeted operating expenditures and outgoing transfers for debt service as listed below:
• The City’s General Fund balance committed for Operating Reserve Stabilization is established at a minimum of 15% of the General Fund’s budgeted operating expenditures plus debt service transfers to be used in a catastrophic event, in a major emergency, or during periods of severe fiscal crisis as described in the Comprehensive Fund Balance Policy. • The City’s General Fund Assigned for Economic Uncertainty Reserve is established at a minimum of 13.5% of the General Fund’s budgeted operating expenditures plus debt service transfers, to be used during times of severe economic distress such as protracted recessionary periods, State raids on local resources, or other impactful unforeseen events which greatly diminish the financial BUDGET FY 2025-27 Page 48 EXHIBIT A
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ability of the City to deliver core services.
• The City will strive to maintain a minimum unassigned fund balance in its General Fund of 1.5% of the budgeted operating expenditures and outgoing debt service transfers. This minimum fund balance protects against cash flow shortfalls related to the timing of projected revenue receipts and maintains the budgeted level of services.

Enterprise Funds. The Enterprise Funds’ minimum fund balance/ net position requirements are set at different levels due to the considerations for working capital, debt coverage, asset replacement, rate smoothing, and revenue volatility. Enterprise Funds should strive to maintain an adequate rate and/or fee structure to cover the costs of all operations, including maintenance, depreciation, capital and debt service requirements, reserves, and any other cost deemed necessary. (i) Airport Fund (Fund 600) will strive to achieve and maintain a minimum unrestricted net position balance of 12.5% (or 45 days’ worth of working capital) of its current year’s operating expenses plus debt service requirements since this fund has a steady and uniform cash inflow throughout the fiscal year generated by daily or monthly fees collected from the customers. (ii) Stormwater Enterprise Fund (Fund 610) requires a partial subsidy from the General Fund due to the increased Stormwater Regulations and compliance requirements that are currently unfunded. Therefore, no specific minimum net position balance is required for the Stormwater Enterprise Fund.
(iii) Sewer Enterprise Fund (Fund 620) collects most of its fees on the Alameda County property tax rolls. The County generally apportions its first installment of the fiscal year to entities only in December. Therefore, this enterprise fund will strive to achieve and maintain 50% of its current year’s operating expenses as a minimum unrestricted net position balance to ensure sufficient resources are available to meet its operating expenses and current obligations between property tax settlements.
(iv) Water Enterprise Fund (Fund 640) will strive to achieve and maintain a minimum unrestricted net position balance of 33% (or 120 days’ worth of working capital) of its current year’s operating expenses plus debt service requirements since this fund has a relatively steady and uniform cash inflow throughout the fiscal year generated by monthly charges collected from the customers.
(v) Sewer Replacement Fund (Fund 622) and Water Replacement Fund (Fund 642) should have a minimum unrestricted net position equal to twice the depreciation expense for the current year. Unrestricted net position exceeding five years of planned average annual asset replacement expenditure of $44 million for the Sewer Replacement Fund and $27 million for the Water Replacement Fund will be addressed through the rate study process. (vi) Storm Drain (Fund 612), Sewer Connection Fee (Fund 623),and the Water Connection Fee (Fund 643) Funds account for the proceeds from specific revenue sources that are legally restricted for specific purposes. This policy creates no specific minimum net position balance requirement. Instead, each fund must adhere to any underlying guidelines attached to that revenue source.
(vii) Unrestricted net position for the enterprise operating funds (Fund 600, 620, and 640) should not exceed the minimum required level by 50%. Any excess net position should be used to (a) pay BUDGET FY 2025-27 Page 49 EXHIBIT A
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down long-term obligations, (b) fund capital projects and equipment, (c) pay one-time expenditures, and/or (d) keep future rate increases lower.

Internal Service Funds. In the Internal Service Funds, the minimum unrestricted net position level is

12.5% of operating expenditures except for Risk Management-Workers’ Compensation and Liability Insurance Funds. The insurance-type funds are subject to variability and uncertainty related to claims.

As such, the City has the following separate funding and reserve policies for Workers Compensation and General Liability expenses and funds:
o Workers Compensation - budget claims expenses at 70th confidence level of the estimated Short-term Claims Payables identified in the most recent Workers Compensation actuary report.

The City may budget more than that amount if there is a known large settlement that is likely to occur in the budget year.

The City recognizes both Short and Long Terms Claims Payables on the City’s balance sheet using the 70th confidence level identified in the most recent Workers Compensation actuary report. The City will strive to maintain reserves in the Workers Compensation Fund to cover claims expenses that exceed the budget equal to the 70th confidence level of Long-term Claims Payables identified in the most recent Workers Compensation actuary report. The City will fund cash reserves through year-end budget surpluses.
o General Liability - budget claims settlements based on active cases that are likely to settle in that fiscal year.

The City maintains cash reserves equal to at least the 70th confidence level of Long-term Claims Payables as identified in the most recent General Liability actuary report to fund settlements and claims. The City recognizes both Short- and Long-Term Claims Payables on the City’s balance sheet using the 70th confidence level identified in the most recent General Liability actuary report. The City will fund cash reserves through year-end budget surpluses.

G. CAPITAL RESERVES POLICY
The City of Livermore established two reserve funds to support the City’s capital improvement program for general government-owned facilities and infrastructure: Existing Asset Maintenance and Repair Reserve Fund and the New and Replacement Asset Reserve Fund (together referred to as Capital Reserves). The following is the City’s policy related to these two reserve funds, including prioritization of the use and funding of the reserves.

Capital Reserves Purpose
• Existing Asset Maintenance and Repair Reserve Fund – will be used to fund major maintenance capital projects such as sidewalk repairs, wall and fence repairs, roof replacement, minor facility renovations, and stormwater maintenance projects. Funds will be allocated to specific projects during the capital improvement program (CIP) budget process. If an eligible project requires funding outside the CIP budget process, such funding can be allocated in a supplemental appropriation. The Existing Asset Maintenance and Repair Reserve Fund includes funding for the following asset types in order of priority:
o Facility Renovations – the City owns 42 buildings (333,000 total square feet) that represent a significant investment and are used by City employees, residents, and visitors.

Maintaining those facilities in good condition ensures those facilities will continue to be a resource for future generations and preserves the City’s investment. As such, allocating BUDGET FY 2025-27 Page 50 EXHIBIT A
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funding from the Existing Asset Maintenance and Repair Reserve Fund is the highest priority.
o Wall/Fence Repairs – the City is responsible for maintaining 9.8 miles of walls, of which three miles are in critical condition. Failing walls present a serious safety hazard to pedestrians and vehicles, which makes walls the second highest priority for funding from the Existing Asset Maintenance and Repair Reserve Fund. o Sidewalk Repair and Replacement – the City owns 72 miles of sidewalks, of which 700 locations with raised sidewalks require repairs or replacement. Poorly maintained sidewalks create a tripping hazard for pedestrians. As such, sidewalks are the third highest priority for funding from the Existing Asset Maintenance and Repair Reserve Fund.
o Stormwater – the City owns 225 miles of storm conveyance facilities (creeks, pipes, and surface drainage). The City completed a Storm Drain Master Plan in 2022 that identified approximately $100 million in capital projects needed to maintain acceptable levels of protection against local flooding. Of that $100 million, $10 million are considered highpriority projects. Thus, while the overall need for stormwater system improvements is significant, the high-priority projects represent less of the overall major maintenance requirements for the City. As such, stormwater is the fourth priority for funding from the Existing Asset Maintenance and Repair Reserve Fund.
o City-owned Parks – The City maintains 10 parks with the City’s General Fund. The City is currently providing base level of funding for that maintenance through the City’s annual budget. As such, City-owned parks are a lower priority for funding from the Existing Asset Maintenance and Repair Reserve Fund.
o Tree Maintenance – The City owns 10,429 trees that require regular maintenance, including pruning, removals, and stump grinding. Beginning in FY 2023-24, the City is fully funding ongoing tree maintenance and allocated one-time funding to address the backlog of dead trees that need to be removed and the stumps ground. As such, tree maintenance is the lowest priority for funding from the Existing Asset Maintenance and Repair Reserve Fund.
• New and Replacement Asset Reserve Fund – will fund new and major replacement assets, including new public facilities and infrastructure, expanded public facilities and infrastructure, major renovations, and replacing existing facilities and infrastructure. Funds will be allocated to specific projects during the capital improvement program (CIP) budget process. If an eligible project requires funding outside the CIP budget process, such funding can be allocated in a supplemental appropriation.

Capital Reserve Funding
• Year-end General Fund Budget Surpluses - the City Manager shall recommend the allocation of General Fund year-end budget surpluses to the City Council. Those recommendations shall include allocations, if any, to the Existing Asset Maintenance and Repair Reserve and the New and Replacement Asset Reserve Funds.

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• Annual Budget Allocations – depending on the City’s budget status, City Manager will recommend allocations to the Existing Asset Maintenance and Repair Reserve and the New and Replacement Asset Reserve Funds as part of the bi-annual budget process. • Transfers between Reserves – If the City’s specific needs pertaining to asset categories change, the City Manager may recommend transfers among the various reserve funds outlined above.

H. DEBT POLICY
The City uses long-term debt to finance capital improvements of both the General Fund and Enterprise Fund types. As the CIP budget is developed, funding priorities are based on essentiality to public health and safety, availability of revenue to repay the debt and current debt load on the respective fund.

In the case of Enterprise debt and other obligations that require a General Fund credit backing, the City will carefully analyze the effect an addition of such debt will have to ensure that the capacity of the General Fund to issue future obligations is maintained. The cumulative annual payments from the General Fund related to debt shall not exceed 7.5% of the previous fiscal year's General Fund revenue.

The City may use long-term debt financings subject to the following conditions:
• The City Council must approve the project to be financed. • The project to be financed will have a useful life of 30 years or more. • The weighted average maturity of the debt (or the portion of the debt allocated to the project) will not exceed the project’s useful life.
• The City estimates that sufficient revenues will be available to service the debt through its maturity.
• The City determines that the issuance of the debt will comply with the applicable state and federal law.

I. OPEB FUNDING POLICY
The City’s OPEB obligations are limited to staff who began employment with the City before certain dates as described below:
• Executive Management – 8/1/2014
• Management and Confidential – 2/1/2006
• ALE – 4/1/2007
• LPOA – 2/1/2007
• Police Management – 9/1/2004
Thus, the City’s future OPEB obligation is limited to a fixed number of employees. As retirees move into Medicare or pass away and as eligible employees leave the City before retiring, the City’s OPEB obligation is reduced. The City’s actuary estimates the City’s OPEB liability will begin to decline in 2031 and continue to decline for approximately 50 years when the remaining participating retirees are expected to pass away and the City’s OPEB obligation ceases.

The City’s OPEB Trust Fund can only be used to cover retiree medical expenses. The City must wait BUDGET FY 2025-27 Page 52 EXHIBIT A
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until the last retiree receiving medical benefits dies to access the remaining balance in the OPEB Trust Fund. Until then the City cannot transfer the remaining balance back to the City to be used for other purposes. The variables used to calculate the City’s OPEB liability can and do change over time including actual OPEB Trust Fund investment earnings (averaging 120 basis points greater than assumed by the City’s actuary), actual mortality rates, and the extent which employees take advantage of the benefits when they retire. For example, in 2015 the City’s actuary estimated that the City would start withdrawing from the OPEB Trust Fund in 2038. However, with the improved investment earnings and changes in other assumptions, the City started withdrawing from the OPEB Trust fund in 2025 or 13 years sooner than expected.

To ensure the City does not over-fund its OPEB obligation and have a significant balance in its OPEB Trust Fund after the retiree medical benefits program ceases, City Council adopted a policy to fund the City’s OPEB liability at no more than 80% by FY 2033-34. Under this OPEB funding policy, the City will likely fund the last 10 to 20 years of benefit payments from the City’s budget, when there will be a small number of retirees receiving benefits all of whom will be on Medicare and therefore a manageable expense. The City’s pension related expenses will also be significantly lower at that time since the City’s unfunded pension liability incurred during and shortly after the Great Recession will be fully funded and active employees will all be under the state’s Public Employees’ Pension Reform Act (PEPRA) pension formula that is less expensive than the classic formula and requires employees to equally share pension expenses with employers.

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LONG-TERM FINANCIAL PLAN

LONG-TERM FINANCIAL PLAN
The City’s Long-Term Financial Plan (LTFP) creates a framework for allocating resources according to the City’s established goals and objectives. The resources are formally allocated during the biennial budget, and the LTFP is developed every two years as a foundation for the budget, both operating and capital. The LTFP identifies the resources available over the course of five years, including any impacts of new development, and prioritizes these resources to fund new positions, contractual services, and capital projects to support the implementation of the Strategic Plan. The LTFP provides a high-level financial framework for planning purposes.

The following is a description of the assumptions used to develop the LTFP and a summary of the key findings and recommendations.

OVERVIEW OF FORECAST METHODOLOGY
The LTFP is based on the following assumptions:
• Revenues are expected to increase overall by 6% in FY 2025-26 and increasing between 2% and 4% annually thereafter, excluding revenues from new development. The following growth is projected for the two largest revenue categories:
• Property Tax is projected to grow between 4% and 5% annually, exclusive of increases from new development.
• Sales Tax is projected to increase by 2% annually.
• Estimated tax revenues from future development are based on expected housing and commercial development to be completed in FYs 2025-26 through FY 2029-30. Examples of that development include the downtown development (new retail and restaurants), 1,929 new housing units in the Isabel Neighborhood Specific Plan, and new and expanded commercial land uses (Gillig office and Surface Mining Permit Warehouse).
• Personnel Services are flat if there isn’t an MOU in place or increasing by the amounts agreed to in labor MOUs. The Reserve for Labor MOUs and Addition to Reserves category includes funding for salary and benefit increases for labor MOUs not yet completed. • CalPERS contributions reflect CalPERS costs based on the most recent actuarial reports for both normal cost and unfunded liability contributions.
• Services and Supplies are increasing between 2% and 3% annually. • Capital Improvement budget allocations are funded based on funds available after covering operating expenses and operating reserves.
• Debt Service for replacement Fire Station 6 starting in FY 2027-28. • Fully funding annual Workers Compensation obligations with operating revenues by FY 2029-30.

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Table 1. Five-Year Long-Term Financial Plan
As shown in Table 1 above, the budget is balanced in FYs 2025-26 and 2026-27 with no additional funds available to contribute to the capital improvement program. Beginning in FY 2027-28, there will be contributions to the CIP as the City’s revenue base grows because of new development. The expected $15.3 million surplus in FY 2024-25 will be available to allocate to CIP reserves as well as other reserves and one-time expenses.

The following chart shows the total sources and uses of the LTFP. The total uses include the contributions to the required reserves in each of the forecast years. As illustrated below, total sources equal total uses through the first two years and then increases to $5.1 million in FY 2029-30.

The surpluses are allocated to the CIP in Table 1 above. The General Fund usually has a surplus at year-end that is available to cover CIP, various reserve allocations, and other one-time expenses.

Projected Budget Budget Projected Projected Projected
FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29 FY 2029-30 Operating Revenue $152,511,690 $157,873,470 $164,358,147 $168,333,403 $173,890,855 $179,775,848 Transfers-In 914,206 480,400 486,735 501,337 516,377 531,868 Revenues from New Development - - - 3,600,000 4,100,000 4,600,000 Use of Fund Balance & Capital Reserves 21,706,151 - - - - - Total Sources $175,132,047 $158,353,870 $164,844,882 $172,434,740 $178,507,232 $184,907,716 Operating Expenses $135,339,849 $144,650,802 $149,014,579 $152,456,621 $157,553,556 $159,202,610 Transfers-Out 16,622,500 10,037,797 10,146,598 10,294,240 10,408,817 10,526,832 Reserve for Labor MOUs & Addition to
Reserves - 3,651,771 5,674,705 7,000,000 8,500,000 8,700,000 Debt Service for Replacement Fire Station 6 369,403 - - 1,400,000 1,400,000 1,400,000 Capital Improvement Program 7,506,000 - 1,283,879 - 644,859 5,078,274 Total Uses $159,837,752 $158,340,370 $164,835,882 $172,434,740 $178,507,232 $184,907,716 Surplus/(Shortfall) $15,294,295 $13,500 $9,000 - - -
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BUDGET SUMMARY
The Budget Summary section presents a summary of the FY 2025-27 adopted budget for all funds by the Fund type. Revenues and Expenditures are listed by category and fund type. In addition, the following information is available in this section:

1. A fund balance/working capital schedule listed by Major and Aggregate Non-Major funds.

2. A summary of transfers.

3. The impact of capital investments on Operating Budget, and

4. A summary of debt schedule.

CITY WIDE BUDGET

OVERVIEW OF CITY-WIDE BUDGET BY FUND TYPE
Tables on pages 62-63 summarize total sources and uses by fund types and by major categories for the proposed budget for FY 2025-26, and FY 2026-27. City of Livermore’s budget is comprised of the following fund types:
• General Fund
• Enterprise Funds
• Special Revenue Funds
• Capital Funds
• Debt Service Funds
• Permanent Funds
• Internal Service Funds
Overview of Total Uses
As described in the table below, FYs 2025–26 and 2026-27 expenditure budgets provide for a spending plan of $317.4 million, and $330.7 million respectively inclusive of operations, transfers out, and contribution for reserves funding.

Table 1. Total Uses – All Funds
The General Fund has the largest expenditures because it accounts for a vast majority of the City's operations, such as police and fire safety, library services, housing, planning, building, engineering, street lighting, and street maintenance, as well as vital support functions such as finance, legal, and human resources. These core services are primarily supported by major revenue sources that include Expenditures, Transfers, and Allocations
to Operating Reserves Budget
Actual
FY 2023-24
Revised
Budget
FY 2024-25
Budget
FY 2025-26
Budget
FY 2026-27
General Fund $138,176,435 $159,701,047 $158,340,370 $164,835,882 Enterprise Funds 82,485,858 101,346,806 76,866,877 82,227,970 Debt Service Funds 6,967,887 7,025,000 6,984,597 6,969,898 Permanent Funds 620,581 - - -
Capital Funds 27,571,831 60,276,720 29,646,095 37,017,670 Special Revenue Funds 11,493,254 21,871,258 20,404,611 12,708,550 Internal Service Funds 24,208,045 27,810,446 25,117,367 26,906,515 Total Uses - All Funds $291,523,890 $378,031,277 $317,359,917 $330,666,485 BUDGET FY 2025-27 Page 57 EXHIBIT A
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property tax, sales tax, business license tax, transient occupancy tax, and franchise fees. As shown in the table above, the General Fund expenditure budget of $158.3 million and $164.8 million is approximately 50% of the City-wide total for both FY 2025-26 and 2026-27. General Fund’s total expenditures are projected to decrease from $159.7 million in FY 2024-25 to $158.3 million in FY 2025- 26 primarily due to the following:
• Wages and benefits are increasing by almost $4.9 million. As described in more detail below, the General Fund budget also includes three new positions, two of which are funded through outside sources. Finally, the budget for temporary salaries is increasing by $244,000 to provide departments with the ability to hire temporary staff to backfill vacant positions until they can hire permanent staff as well as hire interns.
• Premiums for the City’s property and liability insurance policies are increasing by $681,000, reflecting a State-wide and international trend.
• Expenses for the joint Livermore-Pleasanton Fire Department (LPFD) are increasing by $1.3 million (Livermore’s portion is $650,000) due to annualized COLAs, increased health benefit costs, increased insurance premiums, and PFAS remediation and monitoring costs. • Decreased Services and Supplies of $1.2 million related to a reduced one-time professional services contracts and reallocation of $683,000 of enterprise software budgets to the IT internal services fund that is spread to many City funds.
• Decreased Transfers out of $8.5 million related to one-time $5 million allocation in FY 2024-25 to Workers Compensation and General Liability reserves and a change in practice of budgeting allocations from capital reserves that had been allocated through transfers out form the operating budget.
• The budget includes a reserve of over $3.6 million in FY 2025-26 and $5.7 million in FY 2026-27 to fund expected wage and benefit increases in the City’s remaining bargaining units for which the contracts are not expected to be in place before finalizing the budget as well as addition to operating reserves the calculation for which staff cannot finalize until after the labor agreements are finalized.

The Enterprise Funds have the next largest expenditure. These funds include Water, Sewer, Storm Water, and Airport Enterprise Funds and are restricted to providing safe and reliable water, sewer, stormwater, and airport services. Total Budget for the enterprise funds is decreasing by $24.5 million to approximately $76.9 million in FY 2025-26 and increasing to $82.2 million for FY 2026-27 largely due to decreased transfers to CIP funds off-set by seven new positions. The salary and benefit increases associated with labor contracts not complete before finalizing the budget will be allocated through a supplemental appropriation that will accompany the labor contracts when they go to City Council for review and approval.

Special Revenue Funds account for revenues that are received for specifically identified purposes. The proposed budget for special revenue funds is $20.4 million and $12.7 million for FY 2025-26 and FY 2026-27 respectively. The decrease of $1.5 million in the FY 2025-26 budget from the FY 2024-25 updated budget is primarily due to reduced expenses in the Low-Income Housing Fund. The decrease of $7.7 million in FY 2026-27 compared with the FY 2025-26 budget is primarily due to reduced expenditures in the Local Housing Trust Fund.

Of the remaining fund categories in the table above, only Internal Services funds are decreasing by approximately $2.7 million from FY 2024-25 to FY 2025-26 related to reductions in the Fleet and Equipment Fund and the Facilities Fund, both of which experience expenditure fluctuations based on projects and purchases.

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Overview of Total Sources
City programs are supported by a variety of revenue sources. The process of projecting revenues in the various categories is critical in developing an appropriate spending plan. Tables on pages 62-63 provide a summary of the major revenue categories received by the City across all funds, including the General Fund. Total sources (revenues, transfers-in, and debt proceeds) across all funds are projected to be $321.5 million and $324.1 million for FY 2025-26 and FY 2026-27.

Table 2. Total Sources – All Funds
As seen from the table above, the General Fund accounts for the largest share of sources of $158.4 million and $164.8 million (or 49% and 51% of the total sources) for fiscal years 2025-26 and 2026-27 respectively. The General Fund resources include property taxes, sales taxes, fees for services, business license taxes, and hotel taxes. Further details on the General Fund can be found in the City Manager’s letter and in the Revenue section of this document.

Second highest sources are attributed to enterprise funds at $80.8 million and $83.6 million (or approximately 25% of total sources for both years). Most projected revenue increases are related to rate increases in Water and Sewer Funds.

Special revenue funds sources are projected to increase by $9.6 million from $19.7 million in FY 2024- 25 to $29.3 million in FY 2025-26 and decrease by $7.5 million to $21.7 million in FY 2026-27. The FY 2025-26 increase is primarily related to an anticipated $14.2 million grant budgeted in FY 2024-25 that did not come to fruition. The FY 2026-27 decrease of $7.5 million is largely due to reduced funding of $5.5 million in the Local Housing Trust fund
The other fund categories show modest changes from FY 2024-25 to FY 2025-26 except the Internal Services Funds category which is expected to decrease by almost $7 million from FY 2024-25 to FY 2025-26 mostly due to the one-time $5 million allocation in FY 2024-25 from the FY 2023-24 year-end surplus to the Workers Compensation and General Liability funds. There are also reductions in contributions to the Facilities and Fleet funds related to higher one-time project and equipment procurement expenses in FY 2024-25.

Sources
Actual
FY 2023-24
Revised
Budget
FY 2024-25
Budget
FY 2025-26
Budget
FY 2026-27
General Fund $ 142,765,457 $ 149,714,354 $ 158,353,870 $ 164,844,882 Enterprise Funds 77,821,329 77,869,181 80,761,261 83,638,250 Debt Service Funds 6,967,306 7,025,000 6,984,597 6,969,898 Permanent Funds 19,533 - - -
Capital Funds 19,743,054 34,839,275 27,145,882 26,888,254 Special Revenue Funds 17,656,560 19,666,119 29,279,560 21,730,522 Internal Service Funds 20,289,858 25,816,823 18,969,834 19,995,870 Total Sources - All Funds 285,263,097 314,930,752 321,495,004 324,067,676 BUDGET FY 2025-27 Page 59 EXHIBIT A
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Changes in Fund Balances
The Fund Balance/ Working Capital schedules of Major Funds and Aggregate Non-Major Funds on pages 64-71 provide a visual summary of projected revenues and adopted expenses and the effects of each regarding fund balance. Summary schedules are for the following years:
• FY 2023-24 Actuals
• FY 2024-25 Revised Budget
• FY 2025-26 Budget
• FY 2026-27 Budget
General Fund: Available fund balance for the General Fund shows an increase from an ending fund balance of $1.8 million in FY 2024-25 to $3.1 million in FY 2026-27.

Low Income Housing Fund: The Low-Income Housing Fund shows an increase of $14.3 million in fund balance from $39.6 million in FY 2024-25 to $53.9 million in FY 2026-27 which is attributed to increased Low-income Housing fee revenues associated with development.

Storm Water Enterprise Fund: As discussed in the Letter from the City Manager, current revenue sources for the Storm Water Enterprise Fund are insufficient to comply with the increased State stormwater regulations and a subsidy from other sources will be needed soon. General Fund and Sewer Funds are expending a combined total of approximately $6.5 million over two years to subsidize mandated Storm Water activities and projects during the period covered by the Budget.

Sewer Enterprise Fund: The combined working capital of the Sewer Enterprise Fund is projected to increase by $.9 million (or 3%) from a balance of $27.8 million in FY 2023-24 to $28.7 million in FY 2026-27.

Water Enterprise Fund: Working capital for the Water Enterprise Fund is projected to decline by $2.3 million in FY 2026-27 to a balance of $3.7 million from $6.1 million in FY 2024-25 which is credited to an increased level of investments in capital improvement projects.

Internal Service Funds: Internal service funds as a group show a cumulative reduction of $13 million from a working capital of $21.8 million at the end of FY 2024-25 to a projected balance of $8.8 million in FY 2026-27. Some of the decline is related to drawing on reserves to fund one-time expenses in Facilities, Fleet, and IT funds. Staff will propose using a portion of the FY 2024-25 year-end budget surplus to rebuild the reserves in those funds.

The City allocated $5 million in FY 2024-25 from FY 2023-24 budget surplus to the Workers Compensation and General Liability funds with the intention of using those funds to help cover those funds expenses in FYs 2025-26 and 2026-27. The City’s 5-year forecast assumes increased funding in those funds in future years to off-set that use.

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REVENUES, EXPENDITURES, AND FUND BALANCE/WORKING CAPITAL Budget
FY 2025-26
Budget
FY 2026-27
Budget
FY 2025-26
Budget
FY 2026-27
REVENUES:

Property Taxes 64,143,762 67,416,730 - -
Other Taxes 23,800,196 24,508,202 - -
Intergovernmental 4,328,164 4,631,220 - -
Charges for Services 6,130,207 6,179,158 62,250,824 64,332,646 Use of Money And Property 8,488,168 9,771,259 4,836,537 5,749,704 Contributions Outsourced 76,360 78,651 - -
Miscellaneous Revenue 2,180,708 2,205,271 426,900 225,900 Sales Taxes 41,086,606 41,908,338 - -
Fines & Forfeitures 386,500 398,270 - -
Licenses & Permits 7,252,799 7,261,048 - -
TOTAL REVENUES: $157,873,470 $164,358,147 $67,514,261 $70,308,250 TRANSFER IN: 480,400 486,735 13,247,000 13,330,000
TOTAL SOURCES $158,353,870 $164,844,882 $80,761,261 $83,638,250 EXPENDITURES:

Wages & Benefits 81,801,011 83,825,633 16,066,536 16,515,484 Services & Supplies 62,849,791 65,188,946 39,593,240 39,881,236 Capital Outlay - - 699,900 453,900
Debt Services - - 694,054 697,350
TOTAL EXPENDITURES: $144,650,802 $149,014,579 $57,053,730 $57,547,970 TRANSFER OUT: 10,037,797 10,146,598 19,813,147 24,680,000 ADDITION TO RESERVES 4,699,425 3,332,607 - -
TOTAL USES: $159,388,024 $162,493,784 $76,866,877 $82,227,970 BEGINNING WORKING CAPITAL 1,766,613 732,459 103,394,450 107,288,834 CHANGE IN WORKING CAPITAL (1,034,154) 2,351,098 3,894,384 1,410,280 ENDING WORKING CAPITAL $732,459 $3,083,557 $107,288,834 $108,699,114 General Fund Enterprise Funds
General Fund Enterprise Funds

CITYWIDE REVENUES, EXPENDITURES, AND

FUND BALANCE/WORKING CAPITAL
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REVENUES, EXPENDITURES, AND FUND BALANCE/WORKING CAPITAL Budget
FY 2025-26
Budget
FY 2026-27
Budget
FY 2025-26
Budget
FY 2026-27
Budget
FY 2025-26
Budget
FY 2026-27
Budget
FY 2025-26
Budget
FY 2026-27
- - - - 5,315,652 5,475,114 - -
- - - - 170,000 170,000 - -
8,188,453 8,363,941 - - 6,824,835 1,201,152 18,844,834 19,870,870 1,529,429 1,575,313 - - 2,129,297 2,076,111 - -
1,346,000 1,708,000 - - 741,132 923,228 125,000 125,000 - - - - 1,934,000 134,000 - -
16,082,000 15,241,000 - - 11,350,644 10,912,917 - -
- - - - - - - -
- - - - - - - -
- - - - - - - -
$27,145,882 $26,888,254 $0 $0 $28,465,560 $20,892,522 $18,969,834 $19,995,870 - - 6,984,597 6,969,898 814,000 838,000 - -
$27,145,882 $26,888,254 $6,984,597 $6,969,898 $29,279,560 $21,730,522 $18,969,834 $19,995,870 186,205 187,784 - - 3,716,717 3,748,059 5,970,654 6,020,060 875,150 782,150 - - 14,714,939 7,853,745 15,489,189 16,796,010 - - - - 600,000 50,000 2,547,024 2,612,935
- - 6,984,597 6,969,898 235,905 156,196 1,070,500 1,115,510 $1,061,355 $969,934 $6,984,597 $6,969,898 $19,267,561 $11,808,000 $25,077,367 $26,544,515 28,584,740 36,047,736 - - 1,137,050 900,550 40,000 612,000 - - - - - - - -
$29,646,095 $37,017,670 $6,984,597 $6,969,898 $20,404,611 $12,708,550 $25,117,367 $27,156,515 110,713,545 108,213,332 2 2 77,290,073 86,165,022 21,837,265 15,689,732 (2,500,213) (10,129,416) - - 8,874,949 9,021,972 (6,147,533) (7,160,645) $108,213,332 $98,083,916 $2 $2 $86,165,022 $95,186,994 $15,689,732 $8,529,087

CITYWIDE REVENUES, EXPENDITURES, AND

FUND BALANCE/WORKING CAPITAL
Capital Funds Debt Service Funds Special Revenue Funds Internal Service Funds Capital Funds Debt Service Funds Special Revenue Funds Internal Service Funds BUDGET FY 2025-27 Page 63 EXHIBIT A
518

BUDGET SUMMARY

FUND BALANCE/WORKING CAPITAL BY MAJOR AND NON-MAJOR FUNDS Fund Name
Fund Balance /
Working Capital
7/1/23 Revenues Transfers In Total Sources
Major Funds
General Fund
General Fund $ 14,440,690 $ 142,028,002 $ 737,455 $ 157,206,147 Total General Fund $ 14,440,690 $ 142,028,002 $ 737,455 $ 157,206,147 Low Income Housing Fund
Low Income Housing Fund $ 39,881,994 $ 5,852,912 $ - $ 45,734,906 Total Low Income Housing Fund $ 39,881,994 $ 5,852,912 $ - $ 45,734,906 Airport Enterprise
Airport $ 6,799,389 $ 4,886,525 $ - $ 11,685,914
Total Airport Enterprise $ 6,799,389 $ 4,886,525 $ - $ 11,685,914 Stormwater Enterprise
Stormwater $ 3,383,770 $ 1,474,747 $ 3,470,000 $ 8,328,517 Storm Drain 7,184,372 437,748 - 7,622,120
Total Stormwater Enterprise $ 10,568,142 $ 1,912,494 $ 3,470,000 $ 15,950,637 Wastewater Enterprise
Wastewater $ 27,799,694 $ 31,802,439 $ 3,933,408 $ 63,535,541 Wastewater Replacement 40,100,571 695,765 8,000,000 48,796,336 Wastewater Connection Fees 10,874,629 1,173,864 - 12,048,493 Total Wastewater Enterprise $ 78,774,894 $ 33,672,068 $ 11,933,408 $ 124,380,370 Water Enterprise
Water $ 7,465,516 $ 18,981,057 $ 241,283 $ 26,687,857
Water Replacement 27,617,857 511,418 2,000,000 30,129,275 Water Connection Fees 310,804 213,076 - 523,880
Total Water Enterprise $ 35,394,177 $ 19,705,551 $ 2,241,283 $ 57,341,011 Internal Service Funds
General Liability $ 5,205,750 $ 4,583,499 $ - $ 9,789,249 Workers Comp Insurance 4,458,181 1,484,504 - 5,942,685
Information Technology 6,464,634 2,350,056 - 8,814,690
Fleet & Equipment Services 7,090,778 5,760,334 - 12,851,112 Facilities Rehab Pgm 4,529,732 2,130,465 3,981,000 10,641,196 Total Internal Service Funds $ 27,749,075 $ 16,308,858 $ 3,981,000 $ 48,038,933 Total Major Funds: $ 213,608,363 $ 224,366,410 $ 22,363,146 $ 460,337,918 Total Non-Major Funds:1
145,037,448 30,949,011 7,584,531 183,570,990
Total All Funds: $ 358,645,811 $ 255,315,420 $ 29,947,677 $ 643,908,909 Footnote:

1. CIP specific funds were created in FY 2024-25 with the transition to the new ERP system beginning July 1, 2024.

Available Funds
FY 2023-24 Actuals
Fund Balance by Major and Aggregate Non-Major Funds
BUDGET FY 2025-27 Page 64 EXHIBIT A
519

BUDGET SUMMARY

FUND BALANCE/WORKING CAPITAL BY MAJOR AND NON-MAJOR FUNDS Expenses Transfers Out Transfers Out to CIP
Reserve
Increase/(Use) Total Uses
Fund Balance /
Working Capital
6/30/24
$ 123,228,190 $ 14,507,398 $ 440,846 $ 4,288,933 $ 142,465,367 $ 14,740,780 $ 123,228,190 $ 14,507,398 $ 440,846 $ 4,288,933 $ 142,465,367 $ 14,740,780 $ 1,192,920 $ 257,012 $ - $ - $ 1,449,932 $ 44,284,974
$ 1,192,920 $ 257,012 $ - $ - $ 1,449,932 $ 44,284,974
$ 3,000,829 $ - $ 2,702 $ - $ 3,003,531 $ 8,682,383
$ 3,000,829 $ - $ 2,702 $ - $ 3,003,531 $ 8,682,383
$ 2,969,992 $ - $ 2,451,562 $ - $ 5,421,554 $ 2,906,963 - - 235,978 - 235,978 7,386,142
$ 2,969,992 $ - $ 2,687,540 $ - $ 5,657,532 $ 10,293,105 $ 21,746,727 $ 10,877,050 $ - $ - $ 32,623,777 $ 30,911,764 302,788 - 14,943,981 - 15,246,769 33,549,567
25,293 1,056,357 4,877,126 - 5,958,776 6,089,717
$ 22,074,807 $ 11,933,408 $ 19,821,108 $ - $ 53,829,323 $ 70,551,048 $ 16,935,869 $ 2,000,000 $ - $ - $ 18,935,869 $ 7,751,988 324,184 - 131,450 - 455,634 29,673,641
13,818 241,283 348,869 - 603,970 (80,090)
$ 17,273,870 $ 2,241,283 $ 480,319 $ - $ 19,995,472 $ 37,345,539 $ 4,371,352 $ - $ - $ - $ 4,371,352 $ 5,417,897
3,067,007 - - - 3,067,007 2,875,678
6,474,390 - - - 6,474,390 2,340,300
4,369,174 - - - 4,369,174 8,481,938
2,487,238 - 3,438,884 - 5,926,121 4,715,075
$ 20,769,161 $ - $ 3,438,884 $ - $ 24,208,045 $ 23,830,888 $ 190,509,770 $ 28,939,101 $ 26,871,398 $ 4,288,933 $ 250,609,202 $ 209,728,717 16,500,937 1,008,576 27,694,108 - 45,203,620 138,367,370 $ 207,010,707 $ 29,947,677 $ 54,565,506 $ 4,288,933 $ 295,812,823 $ 348,096,087 Uses of Funds
BUDGET FY 2025-27 Page 65 EXHIBIT A
520

BUDGET SUMMARY

FUND BALANCE/WORKING CAPITAL BY MAJOR AND NON-MAJOR FUNDS Fund Name
Fund Balance /
Working Capital
7/1/24 Revenues Transfers In Total Sources
Major Funds
General Fund
General Fund $ 14,740,780 $ 148,800,148 $ 914,206 $ 164,455,134 Total General Fund $ 14,740,780 $ 148,800,148 $ 914,206 $ 164,455,134 Low Income Housing Fund
Low Income Housing Fund $ 44,284,974 $ 635,217 $ - $ 44,920,191 Total Low Income Housing Fund $ 44,284,974 $ 635,217 $ - $ 44,920,191 Airport Enterprise
Airport $ 8,682,383 $ 4,550,876 $ - $ 13,233,259
Total Airport Enterprise $ 8,682,383 $ 4,550,876 $ - $ 13,233,259 Stormwater Enterprise
Stormwater $ 2,906,963 $ 4,605,870 $ 2,740,000 $ 10,252,833 Storm Drain 7,386,142 109,518 - 7,495,660
Total Stormwater Enterprise $ 10,293,105 $ 4,715,388 $ 2,740,000 $ 17,748,493 Wastewater Enterprise
Wastewater $ 30,911,764 $ 32,152,760 $ 1,065,000 $ 64,129,524 Wastewater Replacement 33,549,567 498,397 8,000,000 42,047,964 Wastewater Connection Fees 6,089,717 2,184,441 - 8,274,158 Total Wastewater Enterprise $ 70,551,048 $ 34,835,598 $ 9,065,000 $ 114,451,646 Water Enterprise
Water $ 7,751,988 $ 19,071,963 $ 250,000 $ 27,073,951
Water Replacement 29,673,641 328,863 2,000,000 32,002,504 Water Connection Fees (80,090) 311,493 - 231,403
Total Water Enterprise $ 37,345,539 $ 19,712,319 $ 2,250,000 $ 59,307,858 Internal Service Funds
General Liability $ 5,417,897 $ 4,499,989 $ 1,500,000 $ 11,417,886 Workers Comp Insurance 2,875,678 1,521,020 3,500,000 7,896,698 Information Technology 2,340,300 6,970,080 - 9,310,380
Fleet & Equipment Services 8,481,938 5,700,734 - 14,182,672 Facilities Rehab Pgm 4,715,075 2,125,000 - 6,840,075
Total Internal Service Funds $ 23,830,888 $ 20,816,823 $ 5,000,000 $ 49,647,711 Total Major Funds: $ 209,728,717 $ 234,066,369 $ 19,969,206 $ 463,764,292 Total Non-Major Funds:1,2
173,321,733 60,398,801 104,804,879 338,525,413
Total All Funds: $ 383,050,450 $ 294,465,170 $ 124,774,085 $ 802,289,705 Footnote:

1. CIP specific funds were created in FY 2024-25 with the transition to the new ERP system beginning July 1, 2024.

Available Funds
FY 2024-25 Revised Budget
Fund Balance by Major and Aggregate Non-Major Funds

2. CIP reserves fund created in FY 2024-25 with a beginning balance $34.9 million; resulted in larger "all funds" beginning balance from FY 2023-24 "all funds" ending balance.

BUDGET FY 2025-27 Page 66 EXHIBIT A
521

BUDGET SUMMARY

FUND BALANCE/WORKING CAPITAL BY MAJOR AND NON-MAJOR FUNDS Expenses Transfers Out Transfers Out to CIP
Reserve
Increase/(Use) Total Uses
Est. Fund Balance /
Working Capital
6/30/25
$ 141,120,420 $ 18,580,627 $ - $ 2,987,474 $ 162,688,521 $ 1,766,613 $ 141,120,420 $ 18,580,627 $ - $ 2,987,474 $ 162,688,521 $ 1,766,613 $ 5,315,598 $ - $ - $ - $ 5,315,598 $ 39,604,593
$ 5,315,598 $ - $ - $ - $ 5,315,598 $ 39,604,593
$ 3,751,985 $ - $ 660,000 $ - $ 4,411,985 $ 8,821,274
$ 3,751,985 $ - $ 660,000 $ - $ 4,411,985 $ 8,821,274
$ 3,867,513 $ - $ - $ - $ 3,867,513 $ 6,385,320
6,294 - 1,440,500 - 1,446,794 6,048,866
$ 3,873,807 $ - $ 1,440,500 $ - $ 5,314,307 $ 12,434,186 $ 27,890,305 $ 8,440,000 $ - $ - $ 36,330,305 $ 27,799,219 670,845 - 23,142,375 - 23,813,220 18,234,744
21,706 1,065,000 4,552,478 - 5,639,184 2,634,974
$ 28,582,856 $ 9,505,000 $ 27,694,853 $ - $ 65,782,709 $ 48,668,937 $ 18,945,086 $ 2,000,000 $ - $ - $ 20,945,086 $ 6,128,865 599,219 - 3,883,000 - 4,482,219 27,520,285
160,500 250,000 - - 410,500 (179,097)
$ 19,704,805 $ 2,250,000 $ 3,883,000 $ - $ 25,837,805 $ 33,470,053 $ 5,828,640 $ - $ - $ - $ 5,828,640 $ 5,589,246
2,786,995 - - - 2,786,995 5,109,703
7,068,328 - - - 7,068,328 2,242,052
8,444,650 - 60,000 - 8,504,650 5,678,022
3,621,833 - - - 3,621,833 3,218,242
$ 27,750,446 $ - $ 60,000 $ - $ 27,810,446 $ 21,837,265 $ 230,099,917 $ 30,335,627 $ 33,738,353 $ 2,987,474 $ 297,161,371 $ 166,602,921 127,822,691 1,469,706 59,230,399 - 188,522,796 150,002,617 $ 357,922,608 $ 31,805,333 $ 92,968,752 $ 2,987,474 $ 485,684,167 $ 316,605,538 Uses of Funds
BUDGET FY 2025-27 Page 67 EXHIBIT A
522

BUDGET SUMMARY

FUND BALANCE/WORKING CAPITAL BY MAJOR AND NON-MAJOR FUNDS Fund Name
Est. Fund Balance /
Working Capital
7/1/25 Revenues Transfers In Total Sources
Major Funds
General Fund
General Fund $ 1,766,613 $ 157,873,470 $ 480,400 $ 160,120,483 Total General Fund $ 1,766,613 $ 157,873,470 $ 480,400 $ 160,120,483 Low Income Housing Fund
Low Income Housing Fund $ 39,604,593 $ 10,223,132 $ - $ 49,827,725 Total Low Income Housing Fund $ 39,604,593 $ 10,223,132 $ - $ 49,827,725 Airport Enterprise
Airport $ 8,821,274 $ 4,739,507 $ - $ 13,560,781
Total Airport Enterprise $ 8,821,274 $ 4,739,507 $ - $ 13,560,781 Stormwater Enterprise
Stormwater $ 6,385,320 $ 1,169,000 $ 3,247,000 $ 10,801,320 Storm Drain 6,048,866 496,000 - 6,544,866
Total Stormwater Enterprise $ 12,434,186 $ 1,665,000 $ 3,247,000 $ 17,346,186 Wastewater Enterprise
Wastewater $ 27,799,219 $ 34,070,754 $ - $ 61,869,973
Wastewater Replacement 18,234,744 948,000 8,000,000 27,182,744 Wastewater Connection Fees 2,634,974 3,725,000 - 6,359,974 Total Wastewater Enterprise $ 48,668,937 $ 38,743,754 $ 8,000,000 $ 95,412,691 Water Enterprise
Water $ 6,128,865 $ 20,724,000 $ - $ 26,852,865
Water Replacement 27,520,285 625,000 2,000,000 30,145,285 Water Connection Fees (179,097) 1,017,000 - 837,903
Total Water Enterprise $ 33,470,053 $ 22,366,000 $ 2,000,000 $ 57,836,053 Internal Service Funds
General Liability $ 5,589,246 $ 4,875,003 $ - $ 10,464,249 Workers Comp Insurance 5,109,703 1,517,530 - 6,627,233
Information Technology 2,242,052 5,727,096 - 7,969,148
Fleet & Equipment Services 5,678,022 4,725,205 - 10,403,227 Facilities Rehab Pgm 3,218,242 2,125,000 - 5,343,242
Total Internal Service Funds $ 21,837,265 $ 18,969,834 $ - $ 40,807,099 Total Major Funds: $ 166,602,921 $ 254,580,697 $ 13,727,400 $ 434,911,018 Total Non-Major Funds: 150,002,617 53,203,109 45,885,334 249,091,060 Total All Funds: $ 316,605,538 $ 307,783,806 $ 59,612,734 $ 684,002,078 Available Funds
FY 2025-26 Budget
Fund Balance by Major and Aggregate Non-Major Funds
BUDGET FY 2025-27 Page 68 EXHIBIT A
523

BUDGET SUMMARY

FUND BALANCE/WORKING CAPITAL BY MAJOR AND NON-MAJOR FUNDS Expenses Transfers Out Transfers Out to CIP
Reserve
Increase/(Use) Total Uses
Est. Fund Balance /
Working Capital
6/30/26
$ 144,650,802 $ 10,037,797 $ - $ 4,699,425 $ 159,388,024 $ 732,459 $ 144,650,802 $ 10,037,797 $ - $ 4,699,425 $ 159,388,024 $ 732,459 $ 2,679,045 $ - $ - $ - $ 2,679,045 $ 47,148,680
$ 2,679,045 $ - $ - $ - $ 2,679,045 $ 47,148,680
$ 3,909,897 $ - $ 240,000 $ - $ 4,149,897 $ 9,410,884
$ 3,909,897 $ - $ 240,000 $ - $ 4,149,897 $ 9,410,884
$ 4,530,898 $ - $ - $ - $ 4,530,898 $ 6,270,422
7,398 - 20,000 - 27,398 6,517,468
$ 4,538,296 $ - $ 20,000 $ - $ 4,558,296 $ 12,787,890
$ 26,110,123 $ 8,460,000 $ - $ - $ 34,570,123 $ 27,299,850 663,724 - 5,152,375 - 5,816,099 21,366,645
1,104,432 - 1,557,772 - 2,662,204 3,697,770
$ 27,878,279 $ 8,460,000 $ 6,710,147 $ - $ 43,048,426 $ 52,364,265 $ 19,802,136 $ 2,000,000 $ - $ - $ 21,802,136 $ 5,050,729 707,593 - 2,383,000 - 3,090,593 27,054,692
217,529 - - - 217,529 620,374
$ 20,727,258 $ 2,000,000 $ 2,383,000 $ - $ 25,110,258 $ 32,725,795 $ 5,693,816 $ - $ - $ - $ 5,693,816 $ 4,770,433
2,856,592 - - - 2,856,592 3,770,641
7,505,369 - - - 7,505,369 463,779
5,355,448 - 40,000 - 5,395,448 5,007,779
3,666,142 - - - 3,666,142 1,677,100
$ 25,077,367 $ - $ 40,000 $ - $ 25,117,367 $ 15,689,732 $ 229,460,944 $ 20,497,797 $ 9,393,147 $ 4,699,425 $ 264,051,313 $ 170,859,705 71,719,091 1,028,200 28,693,590 - 101,440,881 147,650,179 $ 301,180,035 $ 21,525,997 $ 38,086,737 $ 4,699,425 $ 365,492,194 $ 318,509,884 Uses of Funds
BUDGET FY 2025-27 Page 69 EXHIBIT A
524

BUDGET SUMMARY

FUND BALANCE/WORKING CAPITAL BY MAJOR AND NON-MAJOR FUNDS Fund Name
Est. Fund Balance /
Working Capital
7/1/26 Revenues Transfers In Total Sources
Major Funds
General Fund
General Fund $ 732,459 $ 164,358,147 $ 486,735 $ 165,577,341 Total General Fund $ 732,459 $ 164,358,147 $ 486,735 $ 165,577,341 Low Income Housing Fund
Low Income Housing Fund $ 47,148,680 $ 9,308,228 $ - $ 56,456,908 Total Low Income Housing Fund $ 47,148,680 $ 9,308,228 $ - $ 56,456,908 Airport Enterprise
Airport $ 9,410,884 $ 4,854,934 $ - $ 14,265,818
Total Airport Enterprise $ 9,410,884 $ 4,854,934 $ - $ 14,265,818 Stormwater Enterprise
Stormwater $ 6,270,422 $ 1,174,000 $ 3,330,000 $ 10,774,422 Storm Drain 6,517,468 343,000 - 6,860,468
Total Stormwater Enterprise $ 12,787,890 $ 1,517,000 $ 3,330,000 $ 17,634,890 Wastewater Enterprise
Wastewater $ 27,299,850 $ 35,921,316 $ - $ 63,221,166
Wastewater Replacement 21,366,645 1,203,000 8,000,000 30,569,645 Wastewater Connection Fees 3,697,770 3,896,000 - 7,593,770 Total Wastewater Enterprise $ 52,364,265 $ 41,020,316 $ 8,000,000 $ 101,384,581 Water Enterprise
Water $ 5,050,729 $ 21,176,000 $ - $ 26,226,729
Water Replacement 27,054,692 794,000 2,000,000 29,848,692 Water Connection Fees 620,374 946,000 - 1,566,374
Total Water Enterprise $ 32,725,795 $ 22,916,000 $ 2,000,000 $ 57,641,795 Internal Service Funds
General Liability $ 4,770,433 $ 5,720,004 $ - $ 10,490,437 Workers Comp Insurance 3,770,641 1,517,530 - 5,288,171
Information Technology 463,779 5,751,660 - 6,215,439
Fleet & Equipment Services 5,007,779 4,881,676 - 9,889,455 Facilities Rehab Pgm 1,677,100 2,125,000 - 3,802,100
Total Internal Service Funds $ 15,689,732 $ 19,995,870 $ - $ 35,685,602 Total Major Funds: $ 170,859,705 $ 263,970,495 $ 13,816,735 $ 448,646,935 Total Non-Major Funds: 147,650,179 46,699,168 58,570,149 252,919,496 Total All Funds: $ 318,509,884 $ 310,669,663 $ 72,386,884 $ 701,566,431 Available Funds
FY 2026-27 Budget
Fund Balance by Major and Aggregate Non-Major Funds
BUDGET FY 2025-27 Page 70 EXHIBIT A
525

BUDGET SUMMARY

FUND BALANCE/WORKING CAPITAL BY MAJOR AND NON-MAJOR FUNDS Expenses Transfers Out Transfers Out to CIP
Reserve
Increase/(Use) Total Uses
Est. Fund Balance /
Working Capital
6/30/27
$ 149,014,579 $ 10,146,598 $ - $ 3,332,607 $ 162,493,784 $ 3,083,557 $ 149,014,579 $ 10,146,598 $ - $ 3,332,607 $ 162,493,784 $ 3,083,557 $ 2,591,476 $ - $ - $ - $ 2,591,476 $ 53,865,432
$ 2,591,476 $ - $ - $ - $ 2,591,476 $ 53,865,432
$ 3,971,086 $ - $ 60,000 $ - $ 4,031,086 $ 10,234,732
$ 3,971,086 $ - $ 60,000 $ - $ 4,031,086 $ 10,234,732
$ 4,597,499 $ - $ - $ - $ 4,597,499 $ 6,176,923
6,374 - 150,000 - 156,374 6,704,094
$ 4,603,873 $ - $ 150,000 $ - $ 4,753,873 $ 12,881,017
$ 26,109,600 $ 8,460,000 $ - $ 34,569,600 $ 28,651,566
677,852 - 10,624,500 - 11,302,352 19,267,293
1,079,432 - 351,500 - 1,430,932 6,162,838
$ 27,866,884 $ 8,460,000 $ 10,976,000 $ - $ 47,302,884 $ 54,081,697 $ 20,381,916 $ 2,000,000 $ - $ - $ 22,381,916 $ 3,844,813 710,574 - 3,034,000 - 3,744,574 26,104,118
13,637 - - - 13,637 1,552,737
$ 21,106,127 $ 2,000,000 $ 3,034,000 $ - $ 26,140,127 $ 31,501,668 $ 6,517,952 $ - $ - $ - $ 6,517,952 $ 3,972,485
2,950,837 - - - 2,950,837 2,337,334
7,555,789 - - - 7,555,789 (1,340,350)
5,484,232 - 612,000 - 6,096,232 3,793,223
3,785,705 - - - 3,785,705 16,395
$ 26,294,515 $ - $ 612,000 $ - $ 26,906,515 $ 8,779,087 $ 235,448,540 $ 20,606,598 $ 14,832,000 $ 3,332,607 $ 274,219,745 $ 174,427,190 76,145,227 1,018,035 35,930,251 - 113,093,513 139,825,983 $ 311,593,767 $ 21,624,633 $ 50,762,251 $ 3,332,607 $ 387,313,258 $ 314,253,173 Uses of Funds
BUDGET FY 2025-27 Page 71 EXHIBIT A
526

BUDGET SUMMARY

SUMMARY OF TRANSFERS
Actual
FY 2023-24
Revised
Budget
FY 2024-25
Budget
FY 2025-26
Budget
FY 2026-27
Transfer From Low Income Hsng to General Fund 257,012 - - - (10) Transfer From Home Grant to General Fund 8,932 8,706 - - (10) Transfer From State Grant to General Fund 3,494 25,000 - - (10) Transfer From Downtown Revital to General Fund - 400,000 - - (8) Transfer From CASP Fee to General Fund 19,248 5,500 19,250 19,250 (9) Transfer From Downtown LMD to General Fund 266,798 200,000 - - (9) Transfer From Other LMDs to General Fund - 70,000 250,000 250,000 (9) Transfer From Traffic Imp Fee to General Fund 64,677 75,000 77,250 79,568 (7) Transfer From State Gas Tax to General Fund 117,294 130,000 133,900 137,917 (9) Transfer From General Fund to Stormwater 3,470,000 2,300,000 2,787,000 2,870,000 (1) to Stormwater - 440,000 460,000 460,000 (4)
to Wastewater Replacement 8,000,000 8,000,000 8,000,000 8,000,000 (5) Transfer From Wastewater
Connection
to LAVWMA / Wastewater 1,056,357 1,065,000 - - (6)
Transfer From Water to Water Replacement 2,000,000 2,000,000 2,000,000 2,000,000 (5) Transfer From Water Replace to Water 241,283 250,000 - - (2) to 2020 COPS Series B 3,878,237 3,885,000 3,876,997 3,881,173 (2) to 2022 COPS 2,580,073 2,590,000 2,559,800 2,557,425 (2) Transfer From Host Comm Impact to 2020 COPS Series A 508,600 550,000 547,800 531,300 (2) Transfer From Open Space to Doolan Canyon Preserve Endow 19,533 - - - (4) to Horizons 240,000 470,000 484,000 498,000 (1)
to Downtown LMD 358,088 210,000 330,000 340,000 (3)
Transfer From Measure D to Import Mitigation Fee - 5,500 - - (4) $29,947,677 $27,679,706 $21,525,997 $21,624,633
Description of Transfer

1. Operating Subsidy 6. Reimbursement for debt service for the LAVWMA Bonds

2. Debt service payment on long-term debt 7. Annual administration and overhead costs

3. Downtown LMD General Benefit Transfer 8. Repay of General Fund's advance

4. Advance to cover fund balance deficit 9. Annual administrative charges

5. Annual replacement contribution 10. Reimbursement of staff time General Fund
Enterprise Funds
Transfer From Wastewater
Transfer From General Fund
Debt Service Funds
Transfer From General Fund
Permanent Funds
Special Revenue Funds
BUDGET FY 2025-27 Page 72 EXHIBIT A
527

BUDGET SUMMARY

IMPACT OF CAPITAL BUDGET ON OPERATING BUDGET
Project Name Project No. Cost Category
Recurring or
One-Time
FY 2024-25
Projected
FY 2025-26
Budget
FY 2026-27
Budget
Downtown Revitalization
Livermore Village Joint Trench DR202119 Materials & Supplies Recurring $ 2,000 - $ $ 2,000 Flagpole Plaza DR202225 Materials & Supplies Recurring - - 20,000 Livermore Village Infrastructure DR583018 Materials & Supplies Recurring - - 4,000 Livermore Village L Street Garage DR586003 Materials & Supplies Recurring - - 175,000 Downtown Revitalization Total $ 2,000 - $ 201,000 $
Parks and Beautification
Springtown Open Space Improvements PB202319 Materials & Supplies Recurring $ - $ 50,000 - $ Parks and Beautification Total $ - $ 50,000 - $
Public Buildings
City Fleet Electrification, Phase 1 BL202320 Materials & Supplies Recurring $ 4,000 - $ $ 4,000 Public Building Total $ 4,000 - $ $ 4,000
Storm Drain
2024 Storm Drain Trash Capture SD202425 Materials & Supplies Recurring $ - $ 12,000 - $ Storm Drain Total $ - $ 12,000 - $
Street Maintenance
Street Resurfacing SD202001 Materials & Supplies Recurring $ - $ 6,000 - $ ADA Access Ramps SM202107 Materials & Supplies Recurring $ 10,000 $ 10,000 ADA Access Ramps SM202207 Materials & Supplies Recurring - - 8,000 Street Maintenance Total $ 10,000 - $ $ 24,000
Traffic Control
Street Lighting TC201923 Materials & Supplies Recurring $ - $ 20,000 - $ Crosswalk Safety Improvements TC202106 Materials & Supplies Recurring $ 2,000 - $ $ 2,000 Traffic Calming TC202205 Materials & Supplies Recurring $ - $ 4,000 - $ Stanley Boulevard at Isabel Acenue
Connector Ramp Crossing TC202133 Materials & Supplies Recurring $ - $ 5,000 - $ Crosswalk Safety Improvements TC202306 Materials & Supplies Recurring $ - $ 1,000 - $ Portola Avenue at Sedona Common Traffic
Signal Improvements TC202326 Materials & Supplies Recurring $ - $ 5,000 - $ Traffic Operations Center Upgrade TC202328 Materials & Supplies Recurring $ 20,000 - $ $ 20,000 Street Maintenance Total $ 22,000 - $ $ 57,000
Trail, Bike, and Misc. Street
Montage Trail Connection to Collier
Canyon Road TB201944 Materials & Supplies Recurring 3,200 $ $ 3,200 $ 3,200 Street Maintenance Total $ 3,200 $ 3,200 $ 3,200
Transportation Infrastructure
Railroad Ave Street Improvements TI202116 Materials & Supplies Recurring 1,500 $ $ 1,500 $ 1,500 Transportation Infrastructure Total $ 1,500 $ 1,500 $ 1,500 Wastewater
WRP Primary and Secondary Treatment
Improvements, Phase 1 WW201931 Materials & Supplies Recurring $ 22,000 $ 22,000 Wastewater Total $ 22,000 - $ $ 22,000
Total Operating and Maintenance Costs $ 4,700 $ 64,700 $ 374,700 Operating and Maintenance Costs Associated with Capital Budget BUDGET FY 2025-27 Page 73 EXHIBIT A
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BUDGET SUMMARY

DEBT SERVICE BUDGET

BONDED INDEBTEDNESS LIMIT
The bonded indebtedness limit for the City is defined by Government Code §43605 to be 15% of the City’s assessed valuation of $26.3 billion. The 15% limit, based on the 2024-25 fiscal year assessed valuation, is $3.9 billion. Within the meaning of this section, “indebtedness” means bonded indebtedness of the city payable from the proceeds of taxes levied upon taxable property in the city.

The City has no debt at this time that is subject to this limit.

Assessed Value $ 26,264,328,578
Debt Limit (15% of Assessed Value) 3,939,649,287
Less: Net Debt Applicable to Limit -
Legal Debt Margin $ 3,939,649,287

CURRENT DEBT OBLIGATIONS
The City’s current debt comprises of Certificates of Participation (COP), loans, notes, and capital leases as described below:
2020 FIXED RATE DEMAND CERTIFICATES OF PARTICIPATION (COP) On June 25, 2020, the City issued tax-exempt 2020 Certificates of Participation (2020 COP) to refinance the 2011 COP, 2014 COP Series A and 2014 COP Series B. There are two semi‐annual debt service payments, consisting of principal payments due annually on April 1 and interest payments due on November 1 and April 1, which are payable solely from and secured by the lease payments made by the City to the Public Property Financing Corporation of California. Lease payments will be made by the City pursuant to the Lease Agreement for the use and occupancy of the Leased Property, which comprises of the City’s police facility and Civic Center library located in the City’s Civic Center.

The 2020 Certificates of Participation Series A (2020 COP Series A) are qualified 501(c)(3) certificates and are issued in the principal amount $7,465,000 to refund the 2014 COP Series A (Livermore Valley Performing Arts Center Refunding) and to pay certain costs of executing and delivering the 2020 Series A Certificates. The refinancing provides the savings from costs related to variable rate debt such as the letter of credit fees, remarketing fee, and letter of credit renewal fee. In addition, this refinancing eliminated risks and budgetary uncertainty associated with the variable rate of interest represented by the 2014 Certificates through a fixed rate, tax-exempt refunding. Lease payments for 2020 COP Series A are made by the pledged revenue of the Host Community Impact Fee Special Revenue Fund.

The City issued $42,035,000 principal amount of 2020 Certificates of Participation Series B, (2020 COP Series B) to refund the outstanding principal balance of $14,945,000 for the 2011 COP and $35,530,000 for the 2014 COP Series B as well as to fund certain costs of executing and delivery of the Certificates. This refunding decreased its total debt service payments by $7,208,051. Lease payments for 2020 COP Series B are made by the General fund, Airport Enterprise Fund, and Water Enterprise Fund.

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BUDGET SUMMARY

DEBT SERVICE BUDGET
2022 CERTIFICATES OF PARTICIPATION (COP)
On November 30, 2022, the City issued fixed rate Certificates of Participation (2022 COP) for approximately $41,060,000 to fund the construction of the L Street garage. There are two semi‐annual debt service payments, consisting of principal payments due annually on April 1 and interest payments due on October 1 and April 1 by the General Fund.

HUD SECTION 108 LOANS
In fiscal year 2010, the City received a Section 108 loan in the amount of $1,320,000 from the Department of Housing and Urban Development to purchase the Hagemann Farms. The interest rate varies between 3.10% and 4.41%; principal payments are due annually from 2012 through 2030. In fiscal year 2015, the City received a $725,000 Section 108 loan from the Department of Housing and Urban Development to purchase the building located at 141 & 145 North Livermore Avenue and the adjacent commercial units at 147 & 149 North Livermore Avenue. The principal payments are due annually from August 1, 2015 through 2030. In May 2014, the City entered into a Public Participation Jurisdiction agreement with Alameda County and the cities of Dublin and Pleasanton to jointly repay a $1,250,000 Section 108 loan guarantee from the US Department of Housing and Urban Development.

This loan was issued to renovate a building owned by Axis Community Health at 5925 Las Positas Boulevard, Pleasanton, to expand medical and mental health services throughout the Tri-Valley region.

The loan amount is $950,000 since Alameda County paid its share of $300,000 in cash. The City’s portion of the total principal repayment amount over 20 years is $387,505 or approximately 41% of the total loan amount of $950,000.

BANC OF AMERICA EQUIPMENT LEASE/PURCHASE LOAN
On October 24, 2012, the City entered into a tax-exempt Equipment Lease/Purchase Financing Agreement with Banc of America Public Capital Corp in the amount of $12,538,957 to fund the installation of various energy efficiency projects throughout the City. Monthly lease payments began on November 24, 2013 and will continue until October 24, 2028. Debt service payments are being made by the Facilities Rehabilitation Internal Service Fund and the Airport Enterprise Fund and are intended to be made with the anticipated energy savings.

LONG-TERM INTERFUND ADVANCES
The City’s General Fund made an advance of $4,720,000 to the Other Impact Fees Special Revenue Fund for downtown revitalization and the loan will be repaid to the General Fund as the fees are collected. The balance as of June 30, 2024 is $3,586,595.

CREDIT RATING
In October 2022, the S&P global rating services reaffirmed the City’s bond ratings at AA. The credit report highlighted the City’s consistent positive financial performance, strong reserves, and unassigned fund balance, as well as strong management.

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BUDGET SUMMARY

DEBT SERVICE BUDGET

DEBT SERVICE BUDGET
Principal Interest Total
Governmental Activities:
2020A Certificates of Participation $ 260,000.00 $ 268,800.00 $ 528,800.00 2020B Certificates of Participation 2,826,794.00 1,048,668.00 3,875,462.00 2022 Certificates of Participation 695,000.00 1,882,000.00 2,577,000.00 Housing and Urban Development Loans 90,759.00 22,517.00 113,276.00 Interfund Loan 100,000.00 17,500.00 117,500.00
Internal Service Fund
Banc of America Equipment - - -
Lease/Purchase Loan 921,085.00 105,731.00 1,026,816.00
Total Governmental Activities $ 4,893,638.00 $ 3,345,216.00 $ 8,238,854.00 Business-Type Actitivies:

Airport
2020B Certificates of Participation 182,567.00 125,147.00 307,714.00 36,185.00 4,154.00 40,339.00
Water
2020B Certificates of Participation 265,640.00 78,887.00 344,527.00 Total Business-Type Activities $ 484,392.00 $ 208,188.00 $ 692,580.00 Total $ 5,378,030.00 $ 3,553,404.00 $ 8,931,434.00

DEBT SERVICE REQUIREMENTS
Principal Interest Principal Interest
$ 4,054,498 $ 3,046,569 $ 989,284 $ 81,073
4,138,912 2,876,304 1,060,858 54,609
4,318,998 2,700,531 1,135,952 26,251
4,494,756 2,517,230 390,946 2,110
4,688,654 2,326,201
12,521,661 9,563,191
11,561,894 7,175,969
9,754,844 4,838,522
10,185,000 2,700,413
4,805,000 354,169
$ 70,524,217 $ 38,099,099 $ 3,577,040 $ 164,043
FY 2024-25
Total
Ending June 30
For the Year
2051-2055
2046-2050
2041-2045
2036-2040
2031-2035
2030
2029
Governmental Funds Internal Service Funds
2028
2027
2026
Banc of America Equipment Lease/Purchase Loan
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BUDGET SUMMARY

DEBT SERVICE BUDGET
Principal Interest Total Principal Interest Total
$ 290,000.00 $ 257,800.00 $ 547,800.00 $ 285,000.00 $ 246,300.00 $ 531,300.00 2,943,740.00 933,257.00 3,876,997.00 3,068,154.00 813,019.00 3,881,173.00 730,000.00 1,848,050.00 2,578,050.00 765,000.00 1,811,550.00 2,576,550.00 90,759.00 7,462.00 98,221.00 20,758.00 5,435.00 26,193.00 - - - - - -
- - - - - -
989,284.00 81,073.00 1,070,357.00 1,060,858.00 54,609.00 1,115,467.00 $ 5,043,783.00 $ 3,127,642.00 $ 8,171,425.00 $ 5,199,770.00 $ 2,930,913.00 $ 8,130,683.00 189,377.00 117,707.00 307,084.00 198,719.00 109,946.00 308,665.00 38,864.00 3,185.00 42,049.00 41,676.00 2,145.00 43,821.00 276,884.00 68,036.00 344,920.00 288,123.00 56,736.00 344,859.00 $ 505,125.00 $ 188,928.00 $ 694,053.00 $ 528,518.00 $ 168,827.00 $ 697,345.00 $ 5,548,908.00 $ 3,316,570.00 $ 8,865,478.00 $ 5,728,288.00 $ 3,099,740.00 $ 8,828,028.00 Principal Interest Principal Interest Principal Interest $ 228,241 $ 120,892 $ 276,884 $ 68,036 $ 5,548,907 $ 3,316,570 240,395 112,090 288,128 56,735 5,728,293 3,099,738
251,546 102,864 299,840 44,976 6,006,336 2,874,622
228,923 93,498 312,021 32,739 5,426,646 2,645,577
222,434 84,686 324,671 20,005 5,235,759 2,430,892
857,682 310,612 337,789 6,756 13,717,132 9,880,559
938,106 138,981 12,500,000 7,314,950
210,156 4,203 9,965,000 4,842,725
10,185,000 2,700,413
4,805,000 354,169
$ 3,177,483 $ 967,826 $ 1,839,333 $ 229,247 $ 79,118,073 $ 39,460,215 FY2025-26 FY2026-27
Airport Fund Water Fund Grand Total
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CITY COUNCIL

MISSION
The City of Livermore works to enhance the quality of life for Livermore community members by providing safe, accessible public amenities, promoting economic vitality and innovation, and embracing collaborative civic engagement. All while providing high-quality services in a courteous, responsive, fiscally sound manner.

SERVICES PROVIDED
The City Council is the City’s legislative body consisting of four council members and a mayor. Council members serve four-year terms, and the mayor serves a two-year term. The City Council implements policy decisions through the enactment of ordinances and resolutions, encourages broad resident participation and information sharing about City activities and issues, and balances community needs with available resources.

ACCOMPLISHMENTS
• Advocated for the Tri-Valley region in Washington, D.C. with fellow Tri-Valley mayors to promote regional and local projects and learn about funding opportunities directly from federal agencies and lawmakers. (Pillar – A City That Works)
• Continued progress on various Downtown developments, making progress on the L Street Parking Garage, Flagpole Plaza, and Blacksmith Square. (Pillar – Inclusive & Inviting Spaces & Places)
• Acquired nearly 300 acres for open space and conservation purposes. (Pillar – Environmental Stewardship)
• Provided direction on Preferred Land Use Scenario leading to completion of the Land Use Map milestone as part of the General Plan Update. (Pillar – Inclusive & Inviting Spaces & Places) • Engaged the Livermore community through various events, programs, and other outreach opportunities. (Pillar – A City That Works)
GOALS
• Work to implement the goals and objectives as identified in the 2023-28 Citywide Strategic Plan. (Pillars – All)
• Continue to advocate on behalf of the community’s interests, communicating with key lawmakers at the regional, state, and federal levels. (Pillar – A City That Works, Goal 3, Objective 1)
• Continue to collaborate with the cities of Dublin, Pleasanton, San Ramon, and the Town of Danville on legislative issues, projects, and initiatives that affect Tri-Valley residents and businesses, valuing regional leadership and problem-solving to maintain and improve quality of life. (Pillar – A City That Works, Goal 3, Objective 1) • Continue to engage with the community and encourage public participation. (Pillar – A City That Works, Goal 1, Objective 1)
• Approve programs for the City’s physical, cultural, and socioeconomic development. (Pillars – All)
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CITY COUNCIL
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CITY COUNCIL

DEPARTMENTWIDE EXPENDITURES WITH FUNDING SOURCES
Revised
Budget
FY 2024-25
Budget
FY 2025-26
Budget
FY 2026-27
Actual
FY 2023-24
Department Funding Sources
General Fund 149,198 238,982 230,858 232,129
Total Department Funding Sources $149,198 $238,982 $230,858 $232,129 Expenditures by Category
City Council Wages & Benefits $71,118 $71,544 $74,701 $74,701 Services & Supplies 78,080 167,438 156,157 157,428
Division Total $149,198 $238,982 $230,858 $232,129
Total Department Expenditures $149,198 $238,982 $230,858 $232,129 BUDGET FY 2025-27 Page 81 EXHIBIT A
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CITY MANAGER

MISSION
The mission of the City Manager’s Office is to implement policy decisions and priorities of the City Council, communicate Livermore’s vision and values as determined by the City Council and the community, and cultivate a customer service philosophy oriented around civic engagement.

SERVICES PROVIDED
The City Manager’s Office is comprised of five key service areas: Administration, City Clerk’s Office, Communications, Emergency Management, and Sustainability. The City Manager’s Office is responsible for the operational activities of City departments, implements policies and procedures, and is the liaison between the Mayor and City Council and members of the public. The department monitors and responds to state and federal legislation, engages with the community, provides public information, and implements the City’s Emergency Management and Sustainability programs. The City’s Clerk’s Office is the primary point of contact for the public and staff regarding City records, is responsible for coordinating and conducting municipal elections, and ensures transparency that enables the public to participate in local government.

ACCOMPLISHMENTS
• Collaborated with various City departments, partner agencies and community stakeholders to offer the community opportunities to engage with the City Council, City organizations, and each other through in-person events (Community Service Day, Fourth of July Celebration, Youth In Government Day, Key to the City), electronically (community e-newsletter, social media, employee newsletter), and in print (community newsletter, media relations, downtown kiosks). (Pillar – A City That Works)
• Established the Tri-Valley Emergency Management Consortium to address the regional impacts on Tri-Valley communities following a large or catastrophic incident and to foster regional cooperation in mitigating against, preparing for, responding to, and recovering from all hazard incidents. (Pillar – A Safe Community That Thrives)
• Facilitated work plans for advisory bodies to ensure alignment with the Strategic Plan and other guiding documents, and with City Council direction (Pillar – A City That Works) • Secured funding to install electric vehicle chargers at City facilities and added 10 electric and hybrid vehicles to the City fleet. (Pillar – Environmental Stewardship) • Invited to speak at five regional, statewide, and international events, and honored with the prestigious Helen Putnam Award for Excellence in Intergovernmental Collaboration. (Pillar – A City That Works)
GOALS
• Obtain and maintain accreditation from the Emergency Management Accreditation Program (EMAP). (Pillar – A Safe Community That Thrives, Goal 1, Objective 1) • Conduct the National Community Survey to inform priorities. (Pillar – A City That Works, Goal 1, Objective 3)
• Implement training for advisory body members, staff liaisons, and other appropriate staff. (Pillar – A City That Works, Goal 2, Objective 1)
• Collaborate with the Tri-Valley cities, legislative representatives, and other community partners to advocate for legislation that benefits the community and region. (Pillar – A City That Works, Goal 3, Objective 1)
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CITY MANAGER
• Promote installation of electric vehicle chargers. (Pillar – Environmental Stewardship, Goal 1, Objective 8)
• Complete evaluation and selection of electronic kiosks for installation at various locations to modernize processes and increase information sharing with the community. (Pillar – A City That Works, Goal 11, Objective 4)
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CITY MANAGER

DEPARTMENTWIDE EXPENDITURES WITH FUNDING SOURCES
Revised
Budget
FY 2024-25
Budget
FY 2025-26
Budget
FY 2026-27
Actual
FY 2023-24
Department Funding Sources
General Fund 4,215,325 5,593,434 4,866,242 5,316,660
PEG Capital Fees 70,780 51,102 1,170 1,401
Total Department Funding Sources $4,286,105 $5,644,536 $4,867,412 $5,318,061 Expenditures by Category
City Manager Wages & Benefits $2,175,746 $2,273,460 $2,789,087 $2,812,723 Services & Supplies 411,147 1,241,174 764,618 787,950
Division Total $2,586,893 $3,514,634 $3,553,705 $3,600,673 City Clerk Wages & Benefits $970,912 $1,096,436 $950,743 $958,469 Services & Supplies 728,300 1,033,466 362,964 758,919
Division Total $1,699,212 $2,129,902 $1,313,707 $1,717,388 Total Department Expenditures $4,286,105 $5,644,536 $4,867,412 $5,318,061 BUDGET FY 2025-27 Page 85 EXHIBIT A
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CITY ATTORNEY

MISSION AND VISION
It is the mission of the City Attorney's Office to oversee the City of Livermore’s governance, operation, and public policy to identify and manage legal issues. Its vision is to help preserve public resources and the community’s confidence in the City’s governance and operation by ensuring the City fulfills its legal obligations and makes well-informed policy decisions.

SERVICES PROVIDED
The City Attorney’s Office includes the Risk Management Division. The Office is charged with being aware of all aspects of the City’s governance, operation, and other matters affecting the City and the community. As such, the City Attorney’s Office is: a key member of each City decision-making team; responsible for researching and staying current on laws, policies, and industry trends that affect the City; responsible for the review and approval of forms for all legal documents pertaining to the City's business; and responsible for defending and prosecuting all civil actions and administrative proceedings involving the City. The Risk Management Division ensures safety is “top of mind” and provides strategies to minimize risk. The Division administers the City’s worker’s compensation program, insurance program, liability program, workplace safety program, and serves as the City’s ADA/Section 504 Coordinator.

ACCOMPLISHMENTS
• Reviewed, revised, and approved as to form up to 15 ordinances, 250 resolutions, and over 750 agreements. (Pillar – A City That Works)
• Drafted and helped staff negotiate agreements for the disposition and development of properties, and land use development agreements. (Pillar – A City That Works) • Upheld the City’s land use authority and governance by successfully defending lawsuits that challenged the City’s decision-making authority. (Pillar – A City That Works) • Reviewed 100% of contracts for insurance and indemnity within five business days of receipt by Risk Management and 90% of liability claims reviewed and resolved without resulting in litigation. (Pillar – A Safe Community That Thrives)
• Preserved Livermore’s quality of life by prosecuting actions to abate public nuisances, obtaining gun violence restraining orders, and pursuing the destruction of weapons. (Pillar – A Safe Community That Thrives)
GOALS
• Develop, oversee, implement, and manage an effective and efficient risk management program, including the workplan from the assessment of the City’s Risk Management structure. (Pillar – A Safe Community That Thrives, Goal 15, Objective 1)
• In coordination with staff, identify and recommend changes to policies, processes, and programs for effective governance and community service. (Pillar – A City that Works, Goal 16, Objective 1)
• Assess the employee safety and the Injury and Illness Prevention Program and develop practical measures to reduce injuries and workers’ compensation costs. (Pillar – A City That Works, Goal 10, Objective 3)
• Uphold the integrity of Livermore’s Municipal Code, Development Code, and regulations, by helping craft effective ordinances and regulations, prosecting municipal code violations and abating public nuisances, and researching and preparing legislative updates for City officials. (Pillar – A City That Works, Goal 15, Objective 1)
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CITY ATTORNEY
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CITY ATTORNEY

DEPARTMENTWIDE EXPENDITURES WITH FUNDING SOURCES
Revised
Budget
FY 2024-25
Budget
FY 2025-26
Budget
FY 2026-27
Actual
FY 2023-24
Department Funding Sources
General Fund 2,325,429 2,713,244 2,836,845 2,872,811
General Liability 4,371,352 5,828,640 5,693,816 6,517,952 Workers Comp Insurance 3,067,007 2,786,995 2,856,592 2,950,837 Total Department Funding Sources $9,763,789 $11,328,879 $11,387,253 $12,341,600 Expenditures by Category
City Attorney Wages & Benefits $1,843,067 $2,097,786 $2,120,671 $2,139,548 Services & Supplies 482,362 615,458 716,174 733,263
Division Total $2,325,429 $2,713,244 $2,836,845 $2,872,811 Risk Management Wages & Benefits $658,681 $807,550 $805,698 $812,517 Services & Supplies 6,779,678 7,808,085 7,744,710 8,656,272 Division Total $7,438,360 $8,615,635 $8,550,408 $9,468,789 Total Department Expenditures $9,763,789 $11,328,879 $11,387,253 $12,341,600 BUDGET FY 2025-27 Page 89 EXHIBIT A
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ADMINISTRATIVE SERVICES DEPARTMENT

MISSION
The mission of the Administrative Services Department is to provide resource management to enable the organization to focus on enhancing the quality of life for residents and the community now and in the future.

SERVICES PROVIDED
The Administrative Services Department is comprised of three divisions: Finance, Human Resources, and Information Technology. It is responsible for providing administrative and support services to all the City's operating departments, City Council, advisory bodies, City Manager, employees, and Livermore residents. These services include accounting, budgeting, treasury services, financial reporting, purchasing, payroll, employee and labor relations, benefits administration, recruitment, cyber risk management, and information technology deployment and management.

ACCOMPLISHMENTS
• Implemented the Human Resources, Payroll, General Ledger, Budget, Accounts Receivable (AR), Accounts Payable (AP), Purchase Card, Projects and Grants, Contracts, and Purchase Order modules in the new Enterprise Resource Planning (ERP) system LEAP. (Pillar – A City That Works)
• Installed a new WiFi system in City-owned buildings (Pillar – A City That Works) • Developed a Geographic Information System (GIS) strategic plan. (Pillar – A City That Works) • Developed and implemented a new supervision and management training program (Pillar – A City That Works)
• Implemented a new online bid / Request for proposals (RFP) posting platform and service, BidNet. (Pillar – A City That Works)
GOALS
• Complete ERP implementation, including utility billing, payments and animal licenses. (Pillar – A City That Works, Goal 11, Objective 5)
• Successfully negotiate timely and appropriate Memorandums of Understanding (MOU)s with all bargaining units. (Pillar – A City That Works, Goal 8, Objective 8) • Implement a 311-AI system and program. (Pillar – A City That Works, Goal 11, Objective 1) • Improve information technology (IT) governance and internal controls to ensure the City’s systems are secure. (Pillar – A City That Works, Goal 11, Objective 7) • Implement a GIS program. (Pillar – A City That Works, Goal 11, Objective 1) BUDGET FY 2025-27 Page 91 EXHIBIT A
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ADMINISTRATIVE SERVICES DEPARTMENT

DEPARTMENTWIDE EXPENDITURES WITH FUNDING SOURCES
Revised
Budget
FY 2024-25
Budget
FY 2025-26
Budget
FY 2026-27
Actual
FY 2023-24
Department Funding Sources
General Fund 6,311,564 6,634,085 6,686,710 6,739,046
Information Technology 6,474,390 7,068,328 7,505,369 7,555,789 Total Department Funding Sources $12,785,955 $13,702,413 $14,192,079 $14,294,835 Expenditures by Category
Administrative Services Wages & Benefits $567,096 $584,815 $834,882 $842,204 Services & Supplies 80,664 129,940 115,759 115,636
Division Total $647,760 $714,755 $950,641 $957,840
Finance Wages & Benefits $2,543,421 $2,562,683 $2,472,418 $2,492,742 Services & Supplies 1,129,921 1,223,476 1,009,090 1,006,705 Division Total $3,673,343 $3,786,159 $3,481,508 $3,499,447 Human Resources Wages & Benefits $1,688,328 $1,746,279 $1,808,184 $1,823,381 Services & Supplies 302,133 386,892 446,377 458,378
Division Total $1,990,461 $2,133,171 $2,254,561 $2,281,759 Information Technology Wages & Benefits $2,229,465 $2,279,688 $2,922,835 $2,947,015 Services & Supplies 3,755,205 3,331,608 3,567,344 3,593,584 Capital Outlay - 500,000 350,000 350,000
Division Total $5,984,671 $6,111,296 $6,840,179 $6,890,599 Cybersecurity Wages & Benefits $54,865 $276,442 $0 $0
Services & Supplies 434,855 680,590 665,190 665,190
Division Total $489,720 $957,032 $665,190 $665,190
Total Department Expenditures $12,785,955 $13,702,413 $14,192,079 $14,294,835 BUDGET FY 2025-27 Page 93 EXHIBIT A
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COMMUNITY DEVELOPMENT DEPARTMENT

MISSION
The mission of the Community Development Department is to promote the community’s quality of life and economic vitality through land use planning, public infrastructure design and construction, protection of public health and safety related to development and transportation, elimination of blight, development of affordable housing, and delivery of targeted human services to vulnerable families, seniors, children, people without housing, and those with special needs.

SERVICES PROVIDED
The Community Development Department is comprised of four divisions: Building & Neighborhood Preservation, Planning, Engineering, and Housing & Human Services. The department is responsible for managing the City’s growth, infrastructure design and construction, protecting environmental/open space, revitalizing downtown, historic preservation, building safety, accessibility and sustainability, property management, neighborhood preservation, affordable housing, and providing funding and oversight for targeted human services. The department also represents the City in a variety of regional and state policy development efforts, including housing and transportation planning, building and fire codes, and the Human Services Needs Assessment.

ACCOMPLISHMENTS
• Completed over 2,958 plan reviews, issued 4,874 permits, performed over 23,553 related inspections, and handled 1,644 Neighborhood Preservation cases. (Pillar – A Safe Community that Thrives)
• Implemented electronic permit submissions, online payments, and electronic permit issuance for all residential permit types. (Pillar – A Safe Community That Thrives) • Completed major final maps and improvement plans including Arroyo Vista, Cava West and East at North Canyons and Triad, Shea townhomes and apartments at North Canyons and Collier Canyon Road, Blacksmith Square, and SMP 40. (Pillar – A Safe Community That Thrives)
• Supported the grand opening and first year of providing services at the Vineyard Resource Center. Provided 110,000 meals and 6,775 shelter stays for 172 unhoused individuals, in addition to permanently housing 24 formerly homeless residents. (Pillar – A Safe Community That Thrives)
• Supported Satellite Senior Housing Associates (SAHA) and Interfaith Housing to complete financing for and begin construction on the first 79-unit phase of the Pacific Avenue Senior Apartments, which will provide affordable housing for seniors age 62+, including veterans. (Pillar – A Safe Community That Thrives)
GOALS
• Continue to implement the Isabel Neighborhood Specific Plan. (Pillar – Economy That Prospers, Goal 4, Objectives 1-3)
• Continue to implement the Downtown Specific Plan. (Pillar – Inclusive & Inviting Spaces & Places, Goal 3, Objectives 1-4)
• Continue to complete the General Plan Update. (Pillar – Inclusive & Inviting Spaces & Places, Goal 4, Objectives 1-4)
• Implement web-based storybook pages with locations of major Capital Improvement Projects and Development Projects, links to web pages, and program pages for sidewalks, walls, ADA ramps, and street maintenance. (Pillar – A City That Works, Goal 14, Objective 2) • Complete Development Code Update. (Pillar – A City That Works, Goal 15, Objectives 1 and 3).

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• Secure additional funding from the county and state to continue providing housing and human services to those experiencing homelessness in Livermore. (Pillar – A Safe Community That Thrives, Goal 8, Objective 5)
• Expand affordable homeownership opportunities through the implementation of the City’s Inclusionary Housing Program. (Pillar – A Safe Community That Thrives, Goal 7, Objective 1) BUDGET FY 2025-27 Page 96 EXHIBIT A
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COMMUNITY DEVELOPMENT DEPARTMENT

DEPARTMENTWIDE EXPENDITURES WITH FUNDING SOURCES
Revised
Budget
FY 2024-25
Budget
FY 2025-26
Budget
FY 2026-27
Actual
FY 2023-24
Department Funding Sources
General Fund 15,925,170 21,338,334 20,698,719 21,293,539 Low Income Housing Fund 1,192,920 5,315,598 2,679,045 2,591,476 Housing Successor Agency 44 715 16 19
SOEF (Social Op Endowment) 25,875 1,808 152,080 156,798 Mortgage Assistance 2,094 66,832 126,519 127,154
HHS Loan Fund - - 379,000 333,000
Cal Home Reuse - 243,305 242,000 242,000
California Begin Program - 121,000 122,000 122,000
Expenditures by Category
Community Development
Admin
Wages & Benefits $803,509 $1,397,165 $1,255,828 $1,266,695 Services & Supplies 243,480 281,488 230,512 241,464
Division Total $1,046,989 $1,678,653 $1,486,340 $1,508,159 Building & Safety Wages & Benefits $2,545,174 $3,282,681 $3,440,233 $3,469,216 Services & Supplies 760,377 1,261,182 1,256,375 1,334,865 Division Total $3,305,551 $4,543,863 $4,696,608 $4,804,081 Engineering Wages & Benefits $3,721,319 $4,685,562 $4,884,484 $4,905,686 Services & Supplies 1,658,366 3,393,974 3,003,242 3,067,141 Division Total $5,379,685 $8,079,536 $7,887,726 $7,972,827 Housing & Human
Services
Wages & Benefits $1,447,962 $1,744,116 $2,219,030 $2,237,507 Services & Supplies 3,668,529 7,040,586 11,677,544 4,664,312 Capital Outlay - 350,000 - -
Debt Services 392,427 113,276 235,905 156,196
Division Total $5,508,918 $9,247,978 $14,132,479 $7,058,015 Planning Wages & Benefits $2,545,331 $3,255,701 $3,409,684 $3,435,905 Services & Supplies 2,165,549 2,779,938 1,283,600 1,521,532 Capital Outlay - 5,730,000 - -
Division Total $4,710,880 $11,765,639 $4,693,284 $4,957,437 Total Department Expenditures $19,952,023 $35,315,669 $32,896,437 $26,300,519 BUDGET FY 2025-27 Page 97 EXHIBIT A
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COMMUNITY DEVELOPMENT DEPARTMENT

DEPARTMENTWIDE EXPENDITURES WITH FUNDING SOURCES
Revised
Budget
FY 2024-25
Budget
FY 2025-26
Budget
FY 2026-27
Actual
FY 2023-24
Local Housing Trust - - 5,500,000 -
Grant - HUD EDI Special Grant 62 90,150 180,300 180,300 Grant - CDBG 669,534 776,222 520,489 443,656
Grant - Home Grant 399,113 147,695 122,103 122,834
FEMA Funding - 300,000 - -
Grant - State Grant Fund 829,148 606,000 903,640 102,676 Opioid Settlement - - 501,376 90,917
Accessibility Compliance 2,561 11,000 30,000 30,000
Human Services Facility Fee - - 182,000 -
Open Space Acquisition & Mgmt 55,295 5,753,000 - -
Doolan Canyon Preserve Endow 620,581 - - -
Traffic Impact Fee (TIF) 38,668 41,332 35,000 85,000
Park Fee - AB 1600 9,722 25,278 16,000 -
County Meas BB-Bike/Pedestrian - 750 52,000 52,000
County Meas BB-Local St & Rd 116,043 223,150 288,450 161,450 County Measure F Veh Reg Fee - 1,500 61,700 61,700
State - Gas Tax 63,732 252,000 102,000 102,000
State - SB1 1,461 - 2,000 2,000
Total Department Funding Sources $19,952,023 $35,315,669 $32,896,437 $26,300,519 BUDGET FY 2025-27 Page 98 EXHIBIT A
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FIRE DEPARTMENT

MISSION
The mission of the Livermore-Pleasanton Fire Department is to provide exceptional and equitable public safety services that protect and enhance life, property, and the environment in collaboration with the communities served.

SERVICES PROVIDED
The Livermore-Pleasanton Fire Department consists of three divisions: Prevention, Operations and Administration. The Prevention Division is responsible for minimizing fire risk through positive fire code enforcement and weed abatement. The Operations Division prepares for and responds to all emergency fire, medical, rescue and hazardous materials incidents. The Operations and Prevention divisions conduct annual fire safety inspections for businesses and provide public education to the broader community. The Administration Division oversees the day-to-day business functions of the fire department. Five of the department’s 10 fire companies are based in Livermore’s five fire stations. Each station is strategically located to provide the best possible response time to emergency incidents. The department provides training to community members under its Community Emergency Response Team (CERT) program to improve community safety and self-reliance in emergencies. Lastly, the department plays a key role in the citywide Emergency Operations Plan.

ACCOMPLISHMENTS
• Established an Instructional Services Agreement with Las Positas College that allows college credits for career-related training. (Pillar – A City That Works) • Completed a Community Risk Assessment. (Pillar – A Safe Community That Thrives) • Enhanced communications through launching quarterly newsletters, an Annual Report refresh, increased social media engagement, and Chief’s Chats for LPFD employees. (Pillar – A City That Works)
• Successfully executed the Fire Safety Expo with over 1,800 attendees. (Pillar – A City That Works)
• Awarded a $38,000 grant from Cal Water Services for individual thermal imaging cameras (TICs); $10,000 from Homeland Security for Continuing Challenge HazMat training; $30,000 from Bay Area Urban Security Initiative (UASI) for Class 1 multi-threat HazMat suits; submitted an Assistance to Firefighters Grant (AFG) for training and certification of EMTs to become paramedics. (Pillar – A City That Works)
GOALS
• Continue to focus on technology improvements to modernize operations, including an upgrade to ImageTrend (cloud-based records management system), the launch of a new/modern LPFD website, and an update of Phoenix G2 Station Alerting in all fire stations. (Pillar – A City That Works, Goal 11, Objective 2)
• Continue to expand the partnership with Las Positas College to provide college units and funding for existing LPFD training. (Pillar – A City That Works, Goal 8, Objective 4) • Recruitment of Fire Chief (Pillar – A City That Works, Goal 8, Objective 1) • Streamline station supply process for efficiency and cost reduction. (Pillar – A City That Works, Goal 11, Objective 9)
• Pursue Insurance Services Office (ISO) Fire Protection Class 2 status. (Pillar – A Safe Community That Thrives, Goal 5, Objective 5)
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FIRE DEPARTMENT

DEPARTMENTWIDE EXPENDITURES WITH FUNDING SOURCES
Revised
Budget
FY 2024-25
Budget
FY 2025-26
Budget
FY 2026-27
Actual
FY 2023-24
Department Funding Sources
General Fund 28,044,584 28,495,534 29,540,677 30,169,454 Grant - State Grant Fund 8,838 24,200 24,200 24,200
Total Department Funding Sources $28,053,422 $28,519,734 $29,564,877 $30,193,654 Expenditures by Category
Fire Administration Services & Supplies 28,053,422 28,519,734 29,564,877 30,193,654 Division Total $28,053,422 $28,519,734 $29,564,877 $30,193,654 Total Department Expenditures $28,053,422 $28,519,734 $29,564,877 $30,193,654 BUDGET FY 2025-27 Page 101 EXHIBIT A
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GENERAL SERVICES

MISSION
General Services supports the operations of the City in order to maintain and enable efficient citywide management and administration.

SERVICES PROVIDED
General Services provides goods and services needed on a citywide basis, which is not provided for in a department. Examples of these services and contractual obligations include County property tax administration, a portion of property and casualty insurance not associated with a specific department, debt service payments related to long-term debt, contribution for maintenance and repairs of general government facilities to the Facilities Replacement Project Internal Service Fund, and employee communications and events.

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GENERAL SERVICES

DEPARTMENTWIDE EXPENDITURES WITH FUNDING SOURCES
Revised
Budget
FY 2024-25
Budget
FY 2025-26
Budget
FY 2026-27
Actual
FY 2023-24
Department Funding Sources
General Fund 6,734,809 5,662,478 3,646,504 3,671,626
2020 COPS Series A 508,600 550,000 547,800 531,300
2020 COPS Series B 3,878,237 3,885,000 3,876,997 3,881,173 2022 COPS 2,581,050 2,590,000 2,559,800 2,557,425
Total Department Funding Sources $13,702,696 $12,687,478 $10,631,101 $10,641,524 Expenditures by Category
General Services Wages & Benefits $3,390,027 $2,169,765 $0 $0 Services & Supplies 3,325,982 3,418,951 3,646,504 3,671,626 Debt Services 6,986,687 7,098,762 6,984,597 6,969,898
Division Total $13,702,696 $12,687,478 $10,631,101 $10,641,524 Total Department Expenditures $13,702,696 $12,687,478 $10,631,101 $10,641,524 * Net cost of retiree health care program (OPEB) is budgeted in all departments starting in FY 2025-26.

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INNOVATION & ECONOMIC DEVELOPMENT DEPARTMENT

MISSION
The mission of the Innovation & Economic Development Department is to ensure Livermore’s economy remains vibrant, diverse, and resilient.

SERVICES PROVIDED
The Innovation & Economic Development Department is the City’s primary point of contact with the business community, providing services that support the creation, growth, and attraction of diverse businesses that offer high-quality employment opportunities, ensure long-term financial health, and increase economic resiliency. The department partners with the development and business community to facilitate the creation of high-quality commercial facilities, desirable private and public amenities, and services for residents and visitors. The department also oversees the Livermore Municipal Airport and manages City-owned properties.

ACCOMPLISHMENTS
• Completed the Airport Land Use and Development Study, identifying available and advisable development opportunities on Airport land. (Pillar – A City That Works) • Provided financial support and leadership to the i-GATE Innovation Hub, including operation of the Daybreak Labs incubator in Livermore’s Industrial Innovation District. (Pillar – Economy That Prospers)
• Completed the transition of the Art in Public Places Program to the Library. (Pillar – Inclusive & Inviting Spaces & Places)
• Formed and implemented the Livermore Valley Wine Heritage District with the purpose of funding marketing and sales promotions and protection efforts for the Livermore Valley wine industry. (Pillar – Economy That Prospers)
• Administered the City’s Economic Incentive Program, assisting three businesses that collectively brought more than $8.4 million in sales tax revenue in FY 2022-23 and provided more than 2,600 jobs in Livermore. (Pillar – Economy That Prospers) GOALS
• Engage with community partners to enhance and grow Livermore’s tourism economy. (Pillar – Economy That Prospers, Goal 2, Objective 3)
• Expand business outreach opportunities, establishing effective two-way communication and engagement. (Pillar – Economy That Prospers, Goal 1, Objective 1) • Work in collaboration with the Community Development Department to implement the Isabel Neighborhood Specific Plan and the development of high-quality commercial, office and residential uses. (Pillar – Economy That Prospers, Goal 4, Objective 1) • Grow Livermore’s experience economy, specifically within the food, beverage, and entertainment industries. (Pillar – Inclusive & Inviting Spaces & Places, Goal 1, Objective 2) • Create an Aviation Innovation Center that serves as a dynamic hub for research, development, and collaboration in the aviation industry. (Pillar – Economy That Prospers, Goal 3, Objective 2) BUDGET FY 2025-27 Page 105 EXHIBIT A
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INNOVATION & ECONOMIC DEVELOPMENT DEPARTMENT

DEPARTMENTWIDE EXPENDITURES WITH FUNDING SOURCES
Revised
Budget
FY 2024-25
Budget
FY 2025-26
Budget
FY 2026-27
Actual
FY 2023-24
Department Funding Sources
General Fund 2,639,232 3,661,099 4,103,812 4,021,680
Public Art Fee 40,529 221,760 - -
Airport 3,000,829 3,751,985 3,909,897 3,971,086
Total Department Funding Sources $5,680,590 $7,634,844 $8,013,709 $7,992,766 Expenditures by Category
Innovation & Economic
Devel
Wages & Benefits $1,028,282 $1,068,663 $1,233,502 $1,192,014 Services & Supplies 1,651,479 2,764,196 2,870,310 2,829,666 Capital Outlay - 50,000 - -
Division Total $2,679,761 $3,882,859 $4,103,812 $4,021,680 Airport Wages & Benefits $1,336,943 $1,636,967 $1,830,481 $1,845,374 Services & Supplies 1,528,273 1,766,965 1,730,282 1,773,226 Debt Services 135,612 348,053 349,134 352,486
Division Total $3,000,829 $3,751,985 $3,909,897 $3,971,086 Total Department Expenditures $5,680,590 $7,634,844 $8,013,709 $7,992,766 BUDGET FY 2025-27 Page 107 EXHIBIT A
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LIBRARY DEPARTMENT

MISSION
The Livermore Public Library connects all people with information, education, and inspiring experiences to support personal growth, enhance quality of life, and build community in Livermore.

SERVICES PROVIDED
The Livermore Public Library is a vital community education resource, supported by the General Fund of the City of Livermore and valued by Livermore community members. The Library includes three divisions: Youth Services, Adult/Public Services, and Technical Services. The Library currently provides multiple points of service for the convenience of library users including the 56,000 square-foot Main (Civic Center) Library and two branch libraries, one in the Rincon area of Livermore and another in Springtown. All locations offer books and audiovisual materials, public computers, wireless internet access, and study spaces. The Civic Center Library features a café, the Friends of the Livermore Public Library bookstore, and community rooms available for public use. In addition to the many resources available for checkout, the Livermore Public Library provides educational and cultural events and classes, including a literacy tutoring program. The Library utilizes technology to provide additional resources through the Digital Library, available online 24/7.

ACCOMPLISHMENTS
• Added over 36,000 new items to the Library’s collection for community use. (Pillar – A Safe Community That Thrives)
• Facilitated over 900,000 uses of the total collection, an 8.5% increase over the previous year. (Pillar – A Safe Community That Thrives)
• Offered 1,296 programs, both online and in person, with over 50,000 attendees. (Pillar – Inclusive & Inviting Spaces & Places)
• Hosted more than 320,000 visitors to Livermore libraries and fulfilled over 30,000 information requests. (Pillar – Inclusive & Inviting Spaces & Places) GOALS
• Promote literacy in all its forms to help people fulfill their life goals and be more active and engaged community members. (Pillar – A Safe Community That Thrives, Goal 12, Objectives 1-4)
• Update observation technology at all Library locations. (Pillar – Inclusive & Inviting Spaces & Places, Goal 8, Objective 1)
• Affirm equity and inclusion by reflecting the diverse local community in services, programs, and staffing. (Pillar – Inclusive & Inviting Spaces & Places, Goal 9, Objectives 1-4) • Coordinate across City departments, the Livermore Valley Joint Unified School District, Livermore Area Recreation and Park District, and other community partners to develop and implement a broad youth in government framework. (Pillar – A City That Works, Goal 7, Objective 1)
• Engage the Livermore Youth Council to develop ideas for additional youth involvement. (Pillar – A City That Works, Goal 7, Objective 2)
• Enhance workforce development services and support resources for adult patrons. (Pillar – Economy That Prospers, Goal 2, Objective 1
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DEPARTMENTWIDE EXPENDITURES WITH FUNDING SOURCES
Revised
Budget
FY 2024-25
Budget
FY 2025-26
Budget
FY 2026-27
Actual
FY 2023-24
Department Funding Sources
General Fund 6,446,517 7,567,209 8,056,553 8,196,756
Grant - State Grant Fund 73,119 135,375 136,204 136,279 Public Art Fee - - 264,981 263,597
Library Donations 64,172 124,410 124,880 125,335
Total Department Funding Sources $6,583,809 $7,826,994 $8,582,618 $8,721,967 Expenditures by Category
Library Wages & Benefits $4,948,553 $5,369,794 $5,785,759 $5,829,826 Services & Supplies 1,635,256 2,457,200 2,746,859 2,842,141 Capital Outlay - - 50,000 50,000
Division Total $6,583,809 $7,826,994 $8,582,618 $8,721,967 Total Department Expenditures $6,583,809 $7,826,994 $8,582,618 $8,721,967 BUDGET FY 2025-27 Page 111 EXHIBIT A
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POLICE DEPARTMENT

MISSION
The mission of the Livermore Police Department is “Service with Honor; Protection with Purpose,” and the department takes pride in maintaining a high quality of life through a dynamic partnership with the community. The Livermore Police Department is committed to serving the community with the highest level of professionalism. Priorities include Public Safety and Crime Prevention, accountability and public trust, community engagement, quality service, innovation and best practices, and employee development, wellness, and succession planning.

SERVICES PROVIDED
The Livermore Police Department includes three divisions: Operations, Support Services and Special Operations. The Livermore Police Department is responsible for enforcing laws, maintaining public order and managing public safety. The department has several specialized units, including Animal Control, Crime Prevention, Criminal Investigations Bureau, Homeless Liaison Unit, K9 Unit, Professional Standards and Training, School Resource Officers that work closely with the school district, and the Traffic Unit. Horizons Family Counseling serves youth and families of the Tri-Valley through counseling, education, and support services. The department also benefits from the generous dedication of over 100 volunteers.

ACCOMPLISHMENTS
• Answered over 107,300 phone calls and 21,207 wireless 911 calls. Responded to more than 58,703 incidents, including more than 42,217 calls for service, resulting in 1459 criminal arrests and the seizure of 78 firearms. (Pillar – A Safe Community That Thrives) • Increased staffing by recruiting and hiring a total of 19 employees, to include: five Lateral Officers, seven Officer Trainees, four Dispatchers, one Police Clerk, one Police Business Services Manager, and one Crisis Intervention Specialist. (Pillar – A Safe Community That Thrives)
• Created and implemented the Police Mounted Unit, thus improving community engagement, improving the department’s ability to patrol hard-to-access spaces, and enhancing police presence and visibility. (Pillar – A Safe Community That Thrives) • Created and implemented the Mobile Evaluation Team (MET), a co-responder unit that pairs a police officer with a full-time clinician to provide crisis, de-escalation, and stabilization services to the community. (Pillar – A Safe Community That Thrives) • Created and implemented the Drone Program, which improves officer safety, community safety, and overall visibility and awareness of active critical incidents. (Pillar – A Safe Community That Thrives and Pillar – A City That Works)
GOALS
• To be fully staffed for the positions of Officers and Dispatchers by July 2026. (Pillar – A City That Works, Goal 8, Objective 1)
• Create and implement a new Police Department strategic plan that provides structure and directionality. (Pillar – A Safe Community That Thrives, Goal 3, Objective 1) • Improve the radio communications systems by purchasing and rolling out upgraded police radios with Department of Justice compliant encryption. (Pillar – A City That Works, Goal 11, Objective 9)
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• Improve the community camera system by upgrading and installing new cameras at designated locations and consolidating all city camera systems within the Real Time Awareness Center’s purview. (Pillar – A City That Works, Goal 11, Objective 9) • Initiate and complete the Capital Improvement Plan Police Department remodeling project to improve the operational and administrative effectiveness of the department. (Pillar – A City That Works, Goal 10, Objective 2)
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DEPARTMENTWIDE EXPENDITURES WITH FUNDING SOURCES
Revised
Budget
FY 2024-25
Budget
FY 2025-26
Budget
FY 2026-27
Actual
FY 2023-24
Department Funding Sources
General Fund 42,076,645 48,814,371 53,114,421 55,428,798 Horizons 989,981 1,241,840 1,222,945 1,233,784
Asset Seizure - County 78,054 - - -
Grant - Federal Grant Fund 58,677 35,965 - -
Asset Seizure - Dep of Justice - 102,449 52,600 53,113
Asset Seizure - Treasury 52,155 - 50,000 50,000
Grant - State Grant Fund 182,821 - - -
PD COPS Grant - 50,000 550,000 100,000
Expenditures by Category
Police Administration Wages & Benefits $3,251,702 $4,067,795 $5,560,829 $5,633,676 Services & Supplies 3,591,216 3,694,726 2,660,628 2,963,608 Division Total $6,842,918 $7,762,521 $8,221,457 $8,597,284 Patrol Wages & Benefits $19,284,657 $21,476,850 $23,560,837 $24,747,585 Services & Supplies 1,364,067 1,365,770 1,656,824 2,319,582 Capital Outlay - 11,100 - -
Division Total $20,648,724 $22,853,720 $25,217,661 $27,067,167 Support Services Wages & Benefits $4,858,001 $5,645,128 $5,571,371 $5,626,912 Services & Supplies 2,065,224 2,563,724 2,522,366 2,145,703 Capital Outlay 117,144 86,030 550,000 -
Division Total $7,040,369 $8,294,882 $8,643,737 $7,772,615 Special Operations Wages & Benefits $7,574,695 $9,013,024 $10,143,368 $10,622,687 Services & Supplies 366,553 1,056,440 1,572,243 1,604,339 Capital Outlay - 51,500 - -
Division Total $7,941,248 $10,120,964 $11,715,611 $12,227,026 Horizons Wages & Benefits $920,974 $1,117,098 $1,032,067 $1,040,924 Services & Supplies 69,007 124,742 190,878 192,860
Division Total $989,981 $1,241,840 $1,222,945 $1,233,784 Total Department Expenditures $43,463,240 $50,273,927 $55,021,411 $56,897,876 BUDGET FY 2025-27 Page 115 EXHIBIT A
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POLICE DEPARTMENT

DEPARTMENTWIDE EXPENDITURES WITH FUNDING SOURCES
Revised
Budget
FY 2024-25
Budget
FY 2025-26
Budget
FY 2026-27
Actual
FY 2023-24
Vehicle Impound Fee 18,993 20,290 20,899 21,526
Police Donations 5,915 9,012 10,546 10,655
Total Department Funding Sources $43,463,240 $50,273,927 $55,021,411 $56,897,876 BUDGET FY 2025-27 Page 116 EXHIBIT A
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PUBLIC WORKS DEPARTMENT

MISSION
The Mission of the Public Works Department is to provide responsive, timely and cost-effective services. The Public Works Department is responsible for critical infrastructure and is dedicated to enhancing the environment and contributing to the civic vitality and economic growth of the City.

SERVICES PROVIDED
The Public Works Department is comprised of two divisions: Maintenance and Water Resources. The department also manages the City’s Environmental Services and Asset Management programs. Public Works maintains the City’s streets, signs, traffic signals, streetlights and public landscaping. It is also responsible for maintaining City facilities and vehicle and equipment fleet. Public Works oversees the operation, maintenance, and periodic replacement of the City’s potable water system, sewer collection system, storm drain system, wastewater treatment, and recycled water system. The department also oversees and administers the franchise solid waste and recycling contract.

ACCOMPLISHMENTS
• Maintained over 350 acres of public landscape areas, 10,000 streetlights, 114 traffic signals, 730 lane miles of asphalt street surfaces, 27 City facilities and over 400 vehicles and Cityowned equipment. (Pillar – A City That Works) • Piloted AI-Based Contamination Monitoring by launching a pilot program installing AI-enabled contamination monitoring cameras on two Livermore Sanitation organics collection trucks to improve waste sorting efficiency. (Pillar – Environmental Stewardship) • Developed a cost-effective sidewalk repair strategy that has improved safety and accessibility. (Pillar – A City That Works)
• Issued 99 Wastewater Discharge Permits and four Groundwater Discharge Permits; distributed

1.9 billion gallons of potable water; treated 2 billion gallons of wastewater and produced 805 million gallons of recycled water; maintained 100% compliance with all Regional Water Quality Control Board reporting requirements and received state certification of the Laboratory for an additional year. (Pillar – A Safe Community That Thrives) GOALS
• Provide essential preventative maintenance and repair services for the City’s landscape, streets, signals, facilities, and fleet as scheduled in an efficient, safe, environmentally sensitive and economical manner. (Pillar – A City That Works, Goal 14, Objective 3) • Convert selected non-usable turf areas into low-water-use landscapes. (Pillar – Environmental Stewardship, Goal 1, Objective 13)
• Continue to protect public health and the environment by ensuring compliance with all applicable regulations for potable water, recycled water, wastewater, and stormwater. (Pillar – A Safe Community That Thrives, Goal 11, Objectives 1-4)
• Complete replacement of the WRD Supervisory Control and Data Acquisition System. (Pillar – A City That Works, Goal 11, Objective 9)
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• Update the asset management scorecard to give the City insights into the gap between what is currently being spent and what is required. (Pillar – A City That Works, Goal 14, Objective 7) • Complete the repair of city-responsible sidewalk lifts (under 2”) by the end of 2025. (Pillar – A City That Works, Goal 14, Objective 3)
• Complete the one-year pilot phase of Prairie Robotics and outreach plan, and present findings to inform future waste reduction strategies. (Pillar – Environmental Stewardship, Goal 2, Objectives 2-4)
• Revise the High-Diversion Strategic Plan to reflect evolving policies and sustainability objectives. (Pillar – Environmental Stewardship, Goal 2, Objective 2) BUDGET FY 2025-27 Page 118 EXHIBIT A
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PUBLIC WORKS DEPARTMENT
BUDGET FY 2025-27 Page 119 EXHIBIT A
574

PUBLIC WORKS DEPARTMENT

DEPARTMENTWIDE EXPENDITURES WITH FUNDING SOURCES
Revised
Budget
FY 2024-25
Budget
FY 2025-26
Budget
FY 2026-27
Actual
FY 2023-24
Department Funding Sources
General Fund 8,359,717 10,401,650 10,869,461 11,072,080 Grant - State Grant Fund 41,216 22,000 - -
Host Community Impact Fee 101,180 37,735 23,440 24,274
City Street Sweeping Fee 518,283 529,186 490,598 498,040 Import Mitigation Fee 12,190 5,500 2,289 1,000
Solid Waste & Recycling Fee 352,871 306,898 401,405 352,621 Downtown LMD 694,574 772,214 764,034 783,036
Other LMD 2,965,602 2,762,395 2,899,497 2,979,504
El Charro CFD 2009-1 Maint 194,998 386,325 395,374 408,263 Expenditures by Category
Public Works
Administration
Wages & Benefits $590,693 $780,137 $1,004,871 $1,012,566 Services & Supplies 1,419,512 2,189,832 1,591,530 1,633,583 Division Total $2,010,206 $2,969,969 $2,596,401 $2,646,149 Maintenance Wages & Benefits $6,042,688 $6,969,101 $7,270,814 $7,330,529 Services & Supplies 9,581,442 9,949,701 11,151,986 11,509,353 Capital Outlay 1,702,861 5,933,272 2,197,024 2,262,935
Debt Services 128,667 1,026,816 1,070,500 1,115,510
Transfers Out 266,798 - - -
Division Total $17,722,456 $23,878,890 $21,690,324 $22,218,327 Environmental Services Wages & Benefits $401,990 $422,566 $522,691 $526,508 Services & Supplies 400,215 650,843 754,408 702,097
Division Total $802,205 $1,073,409 $1,277,099 $1,228,605 Water Resources Wages & Benefits $11,860,484 $13,833,753 $14,236,055 $14,670,110 Services & Supplies 30,346,414 37,558,188 37,862,958 38,108,010 Capital Outlay 25,019 425,000 699,900 453,900
Debt Services 86,752 344,527 344,920 344,864
Division Total $42,318,669 $52,161,468 $53,143,833 $53,576,884 Total Department Expenditures $62,853,536 $80,083,736 $78,707,657 $79,669,965 BUDGET FY 2025-27 Page 120 EXHIBIT A
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PUBLIC WORKS DEPARTMENT

DEPARTMENTWIDE EXPENDITURES WITH FUNDING SOURCES
Revised
Budget
FY 2024-25
Budget
FY 2025-26
Budget
FY 2026-27
Actual
FY 2023-24
Other Maintenance CFDs 176,138 205,071 191,931 198,542
County Measure D 261,685 426,811 504,205 505,784
Stormwater 2,969,992 3,867,513 4,530,898 4,597,499
Storm Drain - 6,294 7,398 6,374
Wastewater 21,746,727 27,890,305 26,110,123 26,109,600
Wastewater Replacement 302,788 670,845 663,724 677,852
Wastewater Connection Fees 25,293 21,706 1,104,432 1,079,432 Water 16,935,869 18,945,086 19,802,136 20,381,916
Water Replacement 324,184 599,219 707,593 710,574
Water Connection Fees 13,818 160,500 217,529 13,637
Fleet & Equipment Services 4,369,174 8,444,650 5,355,448 5,484,232 Facilities Rehab Pgm 2,487,238 3,621,833 3,666,142 3,785,705 Total Department Funding Sources $62,853,536 $80,083,736 $78,707,657 $79,669,965 BUDGET FY 2025-27 Page 121 EXHIBIT A
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REVENUES
Revenues Sources by Fund
General Fund
Revised
Budget
FY 2024-25
Budget
FY 2025-26
Budget
FY 2026-27
Actual
FY 2023-24
Property Taxes
Current Year - Secured $56,400,410 $59,678,715 $62,067,470 $65,247,006 Prior Year - Secured 432,447 353,600 458,394 479,022
ERAF (14,086,438) (14,661,836) (15,175,000) (15,857,875) RPTTF Reduction (1,749,120) (1,704,595) (1,810,339) (1,891,804) Current Year - Unsecured 2,248,402 2,062,626 2,383,306 2,490,555 Prior Year - Unsecured (20,033) 33,150 34,310 35,854
Supple - Sec Roll Current 1,335,115 1,350,000 1,397,250 1,460,126 VLF Comp Fund 11,138,410 11,733,300 12,143,966 12,690,444 Unitary Utility Tax 514,260 442,710 545,116 569,646
Aircraft Taxes 467,715 275,748 495,778 518,088
RPTTF Receipts & Other PropTax 1,042,541 795,000 1,105,094 1,154,823 St Homeowner Prop Tax Re 193,530 213,000 220,455 230,375 Pen & Int On Delinq Tax 262,228 50,000 277,962 290,470
Total Property Taxes $58,179,468 $60,621,418 $64,143,762 $67,416,730 Sales Taxes
Sales & Use Tax $39,562,251 $41,903,316 $40,353,496 $41,160,566 Prop 172 - Public Sfty Augmnt 718,735 690,000 733,110 747,772 Total Sales Taxes $40,280,986 $42,593,316 $41,086,606 $41,908,338 Other Taxes
Franchise Tax- Electric $897,157 $655,000 $924,072 $951,794 Franchise Tax- Gas 450,580 350,000 464,098 478,021
Franchise Tax- Cable TV 1,136,402 1,370,000 1,170,494 1,205,609 Franchise Tax- Garbage 4,172,865 4,200,000 4,326,000 4,455,780 Business License Tax 9,829,021 10,500,000 10,418,762 10,731,325 Business License Penalty 281,518 200,000 206,000 212,180 Business License Registration 32,834 35,000 36,050 37,132 Real Property Transfer Tax 875,543 1,300,000 901,809 928,863 TOT - Hotel 3,627,890 4,363,812 4,116,954 4,240,463
TOT - Short Term Rental 46,721 63,000 49,524 51,010
Residential Construction Tax 455,121 400,000 700,000 715,000 Industrial Construction Tax - 200,000 75,000 77,250
BUDGET FY 2025-27 Page 123 EXHIBIT A
578
Revenues Sources by Fund
General Fund
Revised
Budget
FY 2024-25
Budget
FY 2025-26
Budget
FY 2026-27
Actual
FY 2023-24
In-Lieu Taxes 8,009 7,500 8,490 8,744
Emt Service Area 391,207 410,000 402,943 415,031
Total Other Taxes $22,204,869 $24,054,312 $23,800,196 $24,508,202 Licenses & Permits
Animal Licenses $37,385 $44,000 $39,628 $40,817
Building Permits 1,466,815 1,695,000 2,790,000 2,790,000 Permit Technology Fee 58,210 - 61,703 63,554
Plumbing Gas Permits 154,873 140,000 150,000 150,000
Electrical Permits 346,914 350,000 340,000 340,000
Mechanical Permits 255,795 240,000 260,000 260,000
Street And Curb Permits 137,913 180,000 170,000 170,000 Transportation Permit 37,414 30,000 39,659 40,849
Fire Permits 386,082 325,000 1,200,000 1,200,000
Hazmat Permits 411,353 430,000 1,117,000 1,117,000
Use And Variance Permits 631,164 700,000 950,000 950,000 Police Permits 63,578 60,000 67,500 69,500
Tobacco License- Registration 36 - - -
Tobacco License- Fee 57,996 50,000 61,476 63,320
Short Term Rental Permit 5,503 15,000 5,833 6,008
Total Licenses & Permits $4,051,029 $4,259,000 $7,252,799 $7,261,048 Fines & Forfeitures
Vehicle Code Fines $296,396 $300,000 $309,000 $318,270
Citations 50,009 87,000 77,500 80,000
Total Fines & Forfeitures $346,405 $387,000 $386,500 $398,270 Intergovernmental
Grant- Federal 17,143 15,000 92,379 95,423
Grant- State 784,641 140,000 287,946 473,000
St Highway Prop Rental 380 1,000 1,000 1,000
State Motor Veh in Lieu (MVIL) 108,321 100,000 114,820 114,820 Reimb-Mandated Costs (St) 138,814 - 147,143 151,557
Interdepartmental Revenue 3,473,342 3,577,548 3,684,876 3,795,420 Total Intergovernmental $4,522,641 $3,833,548 $4,328,164 $4,631,220

REVENUES
BUDGET FY 2025-27 Page 124 EXHIBIT A
579
Revenues Sources by Fund
General Fund
Revised
Budget
FY 2024-25
Budget
FY 2025-26
Budget
FY 2026-27
Actual
FY 2023-24
Charges for Services
Police Vehicle Fees $75,396 $75,000 $75,500 $78,000
Special Police Services 15,708 441,878 253,317 260,917
Sale Of Police Reports 36,400 30,000 42,500 44,000
Police Emerg Response 4,842 10,000 22,000 22,500
Tow Franchise Fees & Fines 2,234 18,500 20,000 20,000
Fire Plan Check & Inspct Fee 186,067 210,000 300,000 300,000 Fire VA Contract Service 640,192 719,775 741,368 763,609 Weed Abatement 2,665 5,000 2,825 2,909
Library Fees 10,856 20,000 11,507 11,852
Property Damage Recovery 15,903 27,500 16,857 17,363
Building Records Reports 86,475 90,000 91,664 94,413
Plan Check Fees 796,639 700,000 1,000,000 1,000,000
Sale of Reports & Publications 10 - - -
Engineering & Filing Fee 1,083,232 870,000 2,400,000 2,400,000 Engineering Inspection Fees 1,561,737 1,057,000 760,000 760,000 Administrative Cost Recovery 221,851 530,000 263,162 270,217 Assessment Dist Admin Fee 110,553 123,000 117,186 120,702 Admin Fee-RDA Dissolution - 25,000 - -
Outdoor Dining Maintenance 11,152 20,000 11,821 12,176
Animal Shelter Fees & Charges 135 500 500 500
Total Charges for Services $4,862,047 $4,973,153 $6,130,207 $6,179,158 Use of Money And Property
Interest Income $3,131,019 $3,875,000 $4,790,000 $5,964,000 Interest Earned Trustee 188,630 - 192,403 196,251
Rental Of Property 3,051,201 3,145,260 3,239,618 3,336,806 Multi Service Center Rentals 34,456 27,500 67,523 69,619 Cell Tower Rent 61,295 101,900 104,957 108,106
Misc Rental Income 90,939 87,841 93,667 96,477
Total Use of Money And Property $6,557,541 $7,237,501 $8,488,168 $9,771,259 Contributions Outsourced
Contribution Outside Services 72,038 - 76,360 78,651

REVENUES
BUDGET FY 2025-27 Page 125 EXHIBIT A
580
Revenues Sources by Fund
General Fund
Revised
Budget
FY 2024-25
Budget
FY 2025-26
Budget
FY 2026-27
Actual
FY 2023-24
Total Contributions Outsourced $72,038 - $76,360 $78,651 Miscellaneous Revenue
Sale of Surplus Property $366 $0 $0 $0
Cardroom Revenue 417,696 438,000 1,359,600 1,359,600
Hosted Training - 500 - -
Miscellaneous Revenue 120,161 80,500 406,576 418,549
SB 1383 Fees 210,980 200,000 217,309 223,829
Bond Monitoring Fee 45,770 45,000 47,143 48,557
EDD Art Admin Fee Contrib 6,425 15,000 6,617 6,816
Electric Vehicle Chg Fee 17,000 6,600 17,510 18,036
LVWHD Collection Fee 11,357 - 11,697 12,048
Urban Forestry Revenues 99,665 5,000 102,655 105,735
POST Reimbursement 20,939 50,000 11,000 11,500
Library - Merchandise 601 300 601 601
Cash Over/Short 19 - - -
Total Miscellaneous Revenue $950,978 $840,900 $2,180,708 $2,205,271 Total General Fund $142,028,002 $148,800,148 $157,873,470 $164,358,147

REVENUES
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581

REVENUE SOURCES BY FUNDS

OTHER FUNDS
Actual
FY 2023-24
Revised
Budget
FY 2024-25
Budget
FY 2025-26
Budget
FY 2026-27
Enterprise Funds
Airport
Intergovernmental 151,000 - - -
Charges for Services 2,991,461 2,979,750 3,083,320 3,130,580 Use of Money & Prop 1,738,872 1,569,826 1,654,787 1,722,954 Miscellaneous Rev 5,191 1,300 1,400 1,400
Total Airport $4,886,525 $4,550,876 $4,739,507 $4,854,934 Stormwater
Fines & Forfeitures 1,211 - - -
Intergovernmental 55,380 3,444,000 - -
Charges for Services 1,155,156 1,161,870 1,169,000 1,174,000 ContributionsOutSrce 263,000 - - -
Transfers In 3,470,000 2,740,000 3,247,000 3,330,000
Total Stormwater $4,944,747 $7,345,870 $4,416,000 $4,504,000 Storm Drain
Use of Money & Prop 141,596 93,518 178,000 226,000
Miscellaneous Rev 296,152 16,000 318,000 117,000
Total Storm Drain $437,748 $109,518 $496,000 $343,000
Wastewater
Charges for Services 31,012,026 31,676,389 33,257,004 34,916,566 Use of Money & Prop 597,855 374,371 711,750 902,750
ContributionsOutSrce 190,433 - - -
Miscellaneous Rev 2,125 102,000 102,000 102,000
Transfers In 3,933,408 1,065,000 - -
Total Wastewater $35,735,847 $33,217,760 $34,070,754 $35,921,316 Wastewater Replacement
Use of Money & Prop 695,765 498,397 948,000 1,203,000
Transfers In 8,000,000 8,000,000 8,000,000 8,000,000
Total Wastewater Replacement $8,695,765 $8,498,397 $8,948,000 $9,203,000

REVENUES
BUDGET FY 2025-27 Page 127 EXHIBIT A
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REVENUE SOURCES BY FUNDS

OTHER FUNDS
Actual
FY 2023-24
Revised
Budget
FY 2024-25
Budget
FY 2025-26
Budget
FY 2026-27
Wastewater Connection Fees
Charges for Services 980,656 2,000,000 3,374,000 3,451,000 Use of Money & Prop 193,208 184,441 351,000 445,000
Total Wastewater Connection Fees $1,173,864 $2,184,441 $3,725,000 $3,896,000 Water
Charges for Services 18,397,196 18,868,251 20,372,500 20,742,500 Use of Money & Prop 245,736 200,712 346,000 428,000
ContributionsOutSrce 333,689 - - -
Miscellaneous Rev 4,436 3,000 5,500 5,500
Transfers In 241,283 250,000 - -
Total Water $19,222,340 $19,321,963 $20,724,000 $21,176,000 Water Replacement
Use of Money & Prop 511,418 328,863 625,000 794,000
Transfers In 2,000,000 2,000,000 2,000,000 2,000,000
Total Water Replacement $2,511,418 $2,328,863 $2,625,000 $2,794,000 Water Connection Fees
Charges for Services 213,076 300,000 995,000 918,000
Use of Money & Prop - 11,493 22,000 28,000
Total Water Connection Fees $213,076 $311,493 $1,017,000 $946,000 Capital Funds
Traffic Impact Fee (TIF)
Use of Money & Prop 471,958 333,252 634,000 804,000
ContributionsOutSrce 156,610 - - -
Miscellaneous Rev 971,971 900,000 4,609,000 3,841,000
Total Traffic Impact Fee (TIF) $1,600,539 $1,233,252 $5,243,000 $4,645,000 TVTC 20% Fee
Use of Money & Prop 59,761 46,644 89,000 113,000
Miscellaneous Rev 74,748 5,139,000 2,016,000 1,858,000
Total TVTC 20% Fee $134,509 $5,185,644 $2,105,000 $1,971,000

REVENUES
BUDGET FY 2025-27 Page 128 EXHIBIT A
583

REVENUE SOURCES BY FUNDS

OTHER FUNDS
Actual
FY 2023-24
Revised
Budget
FY 2024-25
Budget
FY 2025-26
Budget
FY 2026-27
Park Fee - AB 1600
Use of Money & Prop 83,118 53,195 101,000 128,000
Miscellaneous Rev 1,307,377 6,500,000 9,457,000 9,542,000 Total Park Fee - AB 1600 $1,390,495 $6,553,195 $9,558,000 $9,670,000 Solid Waste & Recyc Impact Fee
Charges for Services 1,430,025 1,484,883 1,529,429 1,575,313 Total Solid Waste & Recyc Impact Fee $1,430,025 $1,484,883 $1,529,429 $1,575,313 2022 COP Construction Fund
Intergovernmental 254,508 - - -
Use of Money & Prop 1,564,223 300,000 - -
Total 2022 COP Construction Fund $1,818,731 $300,000 - - County Measure D
Intergovernmental 246,127 302,356 - -
Use of Money & Prop 4,842 2,665 5,000 6,000
Total County Measure D $250,969 $305,021 $5,000 $6,000
County Meas BB-Bike/Pedestrian
Intergovernmental 565,528 567,872 589,622 604,363
Use of Money & Prop 29,208 11,517 22,000 28,000
Total County Meas BB-Bike/Pedestrian $594,736 $579,389 $611,622 $632,363 County Meas BB-Local St & Rd
Intergovernmental 2,375,455 2,373,673 2,471,827 2,533,623 Use of Money & Prop 127,419 57,447 109,000 139,000
Total County Meas BB-Local St & Rd $2,502,874 $2,431,120 $2,580,827 $2,672,623 County Measure F Veh Reg Fee
Intergovernmental 394,911 380,625 386,030 395,681
Use of Money & Prop 27,007 16,988 32,000 41,000
Total County Measure F Veh Reg Fee $421,918 $397,613 $418,030 $436,681 State - Gas Tax
Intergovernmental 2,357,604 2,660,579 2,438,355 2,437,623

REVENUES
BUDGET FY 2025-27 Page 129 EXHIBIT A
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REVENUE SOURCES BY FUNDS

OTHER FUNDS
Actual
FY 2023-24
Revised
Budget
FY 2024-25
Budget
FY 2025-26
Budget
FY 2026-27
Charges for Services 730 - - -
Use of Money & Prop 182,651 119,711 228,000 289,000
Total State - Gas Tax $2,540,985 $2,780,290 $2,666,355 $2,726,623 State - SB1
Intergovernmental 2,218,485 2,341,242 2,302,619 2,392,651 Use of Money & Prop 109,113 62,029 118,000 150,000
Total State - SB1 $2,327,598 $2,403,271 $2,420,619 $2,542,651 Developers Deposit
Use of Money & Prop - 4,015 8,000 10,000
Miscellaneous Rev 5,900 - - -
Total Developers Deposit $5,900 $4,015 $8,000 $10,000
Transferable Development Cred
Miscellaneous Rev 4,723,774 7,055,955 - -
Total Transferable Development Cred $4,723,774 $7,055,955 - - Debt Service Funds
2020 COPS Series A
Transfers In 508,600 550,000 547,800 531,300
Total 2020 COPS Series A $508,600 $550,000 $547,800 $531,300 2020 COPS Series B
Transfers In 3,878,237 3,885,000 3,876,997 3,881,173
Total 2020 COPS Series B $3,878,237 $3,885,000 $3,876,997 $3,881,173 2022 COPS
Use of Money & Prop 396 - - -
Transfers In 2,580,073 2,590,000 2,559,800 2,557,425
Total 2022 COPS $2,580,469 $2,590,000 $2,559,800 $2,557,425 Permanent Funds
Doolan Canyon Preserve Endow
Transfers In 19,533 - - -
Total Doolan Canyon Preserve Endow $19,533 - - -

REVENUES
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REVENUE SOURCES BY FUNDS

Livermore City CouncilJune 9, 2025

Livermore City Council
June 9, 2025